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Dheeraj Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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Patna HC
2025
Dheeraj Kumar Vs The State of BiharDheeraj Kumar v. The State of Bihar

Allowed¶20

Dheeraj Kumar v. The State of Bihar

Criminal Miscellaneous – Regular bail – Offence under section 394 of the Indian Penal Code

Patna HC17 Sept 2025CR. MISC./67348/2025

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.67348 of 2025, decided 17-09-2025, Ashok Kumar Pandey, J. Bail granted under section 394 IPC; motorcycle snatching and knife assault at Phulwari Sharif, Patna; delayed naming of accused after 11 months; second-hand mobile purchased from shop of Rakesh; SIM activation led to apprehension; no Test Identification Parade (TIP); custody since 20.05.2025; no criminal antecedent; bail bond Rs.10,000 with two like sureties before ACJM-IV, Patna.

What did the court decide?

Regular bail granted: petitioner to be released in connection with Phulwari Sharif (Janipur) P.S. Case No. 793 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Patna. ¶20

Why is it important?

Considering the facts and circumstances of the case, the court was inclined to enlarge the petitioner on bail and directed his release on bail in connection with Phulwari Sharif (Janipur) P.S. Case No. 793 of 2024 upon furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Patna. ¶20

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released in connection with Phulwari Sharif (Janipur) P.S. Case No. 793 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Patna.

Issue for consideration

Whether Dheeraj Kumar, accused in Phulwari Sharif (Janipur) P.S. Case No. 793 of 2024 registered for an offence under section 394 of the Indian Penal Code, should be enlarged on regular bail.

Court's answer

Considering the facts and circumstances of the case, the court was inclined to enlarge the petitioner on bail and directed his release on bail in connection with Phulwari Sharif (Janipur) P.S. Case No. 793 of 2024 upon furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Patna.

Detailed headnote1 paragraphs

Criminal Miscellaneous — Regular bail — Offence under section 394 of the Indian Penal Code — Phulwari Sharif (Janipur) P.S. Case No. 793 of 2024, Patna. Prosecution case: informant intercepted at night near Dhibra Bajrang Bali Temple turn by three unknown persons who snatched his motorcycle, assaulted him with a knife and snatched his belongings. Counsel for the petitioner submitted that the petitioner was innocent, that his name surfaced after 11 months of the occurrence, that he had merely purchased a second-hand mobile from the shop of Rakesh and was apprehended when his SIM card was activated in the device, that he was not put on a Test Identification Parade (TIP), and that he had been in judicial custody since 20.05.2025 with no criminal antecedent; learned APP opposed the bail prayer. The court (Ashok Kumar Pandey, J.), considering the facts and circumstances, enlarged the petitioner on bail on a bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Patna.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67348 of 2025

Arising Out of PS. Case No.-793 Year-2024 Thana- PHULWARISHARIF District- Patna

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

Dheeraj Kumar S/O Shambhu Pandit Resident of Village- Muski, Ward No. 10, Police Station- Khushrupur, Dist.- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh, Advocate For the Opposite Party/s : Mr.Raj Kishor Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 17-09-2025

Heard learned counsel for the petitioner and learned

APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

3. The case of the prosecution is that the informant was going on a bike at 11:00 P.M. as he reached near the turn of Dhibra Bajrang Bali Temple, three unknown persons intercepted him and started snatching his motorcycle. It is further alleged that he was assaulted with a ‘ knife ’ and that all his belongings were forcible snatched by the miscreants.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that name of the petitioner has surfaced after 11 months of the

Patna High Court CR. MISC. No.67348 of 2025(2) dt.17-09-2025 2/2

occurrence. The petitioner had merely purchased a second-hand mobile from the shop of Rakesh and upon activation of his SIM card in the said device, he was apprehended by the police. It is also submitted that the petitioner is not put on Test Identification Parade (TIP). Moreover, the petitioner is languishing in judicial custody since 20.05.2025 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phulwari Sharif (Janipur) P.S. Case No. 793 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Patna.

(Ashok Kumar Pandey, J)

Jagdish/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether Dheeraj Kumar, accused in Phulwari Sharif (Janipur) P.S. Case No. 793 of 2024 registered for an offence under section 394 of the Indian Penal Code, should be enlarged on regular bail.¶14
The court held
Considering the facts and circumstances of the case, the court was inclined to enlarge the petitioner on bail and directed his release on bail in connection with Phulwari Sharif (Janipur) P.S. Case No. 793 of 2024 upon furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Patna.ratio¶20

Statutes considered

1 provisions across 1 enactments

AI extract

Indian Penal Code394¶14

Procedural history

How this case reached the court

AI extract

Prior proceeding
Case registered as P.S. Case No. 793 of 2024 at Thana Phulwarisharif, District Patna (referred to in the order as Phulwari Sharif (Janipur) P.S. Case No. 793 of 2024), for an offence punishable under section 394 IPC.¶2
Prior proceeding
Petitioner in judicial custody since 20.05.2025; counsel stated he has no criminal antecedent.¶18

Parties & counsel

AI extract

petitioner
Dheeraj Kumar S/O Shambhu Pandit¶4
Anil Kumar Singh
respondent
The State of Bihar¶7
Raj Kishor Singh

Coram

AI extract

Ashok Kumar Pandeyauthor¶10

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 17 Sept 2025 · September
Registered: 15 Sept 2025
Case no.: CR. MISC./67348/2025
CNR: BRHC010981002025
Bench: Ashok Kumar Pandey
Disposal: ALLOWED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Dheeraj Kumar v. The State of Bihar, CR. MISC./67348/2025 (PAT), decided on 17 September 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Indian Penal Code394

View all statutes

Procedural history2

Case registered as P.S. Case No. 793 of 2024 at Thana Phulwarisharif, District Patna (referred to in the order as Phulwari Sharif (Janipur) P.S. Case No. 793 of 2024), for an offence punishable under section 394 IPC.
Petitioner in judicial custody since 20.05.2025; counsel stated he has no criminal antecedent.

View full history

Bench / Coram

Ashok Kumar Pandey

Parties & counsel