Dhiraj Kumar @ Dhiraj Mukhiya v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER Mr. Baleshwar Kamat, Advocate Mr. Bhanu Pratap Singh, APP 3 31-01-2026 Heard Mr. Baleshwar Kamat, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

Petitioner seeks bail who is in custody since

28.03.2025 in connection with Manigachhi P.S. Case No. 104 of 2023, F.I.R. dated 18.05.2023 for the offences punishable under Sections 302/34 of the IPC.

According to prosecution case, this petitioner along with other accused person have killed the husband of the informant.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the Patna High Court CR. MISC. No.80987 of 2025(3) dt.31-01-2026 F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that the informant is own aunt of the petitioner and on the basis of suspicion the petitioner has been made accused in the present case. Thereafter, the petitioner has confessed his guilt in the present case and except suspicion as well as self confessional statement of the petitioner, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 28.03.2025.

Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-V, Darbhanga in connection with Manigachhi P.S. Case No. 104 of 2023, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and Patna High Court CR. MISC. No.80987 of 2025(3) dt.31-01-2026 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Vanisha/- U T (Rajesh Kumar Verma, J)