Dharmendra Vishwakarma Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Dharmendra Vishwakarma Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya, in connection with Sessions Trial No. 663 of 2022 arising out of Tekari P.S. Case No. 207 of 2022, conditioned on physical presence before the court below on every date.

Issue for consideration

Whether regular bail should be granted to the petitioner Dharmendra Vishwakarma in Sessions Trial No. 663 of 2022 arising out of Tekari P.S. Case No. 207 of 2022, registered for offences punishable u/s 302 read with section 34 of the Indian Penal Code.

Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya, in connection with Sessions Trial No. 663 of 2022 arising out of Tekari P.S. Case No. 207 of 2022.

Ratio / Principle

The bail is subject to the condition that the petitioner remain physically present before the learned court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders his bail bond liable to cancellation.

Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), Criminal Miscellaneous No. 14659 of 2025, decided 23-06-2025, arising out of Tekari P.S. Case No. 207 of 2022, District Gaya: Regular bail granted to petitioner Dharmendra Vishwakarma in Sessions Trial No. 663 of 2022, registered for offences punishable u/s 302 read with section 34 of the Indian Penal Code (prosecution case: petitioner and co-accused alleged to have killed the informant's sister by pouring kerosene oil). Considering the facts and circumstances of the case and the period of custody (in custody since 22.06.2022), the Court enlarged the petitioner on bail on a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya, subject to the condition that he remain physically present before the court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to be cancelled. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14659 of 2025

Arising Out of PS. Case No.-207 Year-2022 Thana- TEKARI District- Gaya

======================================================

Dharmendra Vishwakarma S/o Nand Vishwakarma R/o vill - Matai, P.S.Tekari, Distt.- Gaya

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Aryan Singh For the Opposite Party/s : Mr.Syed Ehteshamuddin ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

3 23-06-2025

Heard learned counsel for the petitioner and learned A.P.P for the State.

2 . The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 663 of 2022 arising out of Tekari P.S. Case No. 207 of 2022 dated 20.04.2022 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal Code.

3 . As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the informant’s sister by pouring kerosene oil.

4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the brother-in-law (Devar) of the

Patna High Court CR. MISC. No.14659 of 2025(3) dt.23-06-2025 2/3

deceased. There is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the deceased. It is further submitted that the informant is not the eyewitness to the alleged occurrence. The occurrence took place on 23.02.2022 and the deceased died on 01.04.2022. It is further submitted that as per the postmortem report, the doctor opined that the death was caused by Septicaemia, Toxemia and shock as a result of burning. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.06.2022.

5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Sessions Trial No. 663 of 2022 arising out of Tekari P.S. Case No. 207 of 2022, with the condition/s:-

( i ). The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.14659 of 2025(3) dt.23-06-2025 3/3

failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7 . The application stands allowed.

(Chandra Prakash Singh, J)

guddukr/-

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