Patna High Court

Dilip Kumar @ Dilip Kumar SinghversusThe State of Bihar

Decided: 24 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Dilip Kumar, was charged with multiple offences under the Indian Penal Code (sections 341, 323, 504, 506, 354, 307, 427, 337, 379, 34) and Section 27 of the Arms Act for allegedly shooting the chest of Pankaj Kumar. The petitioner claimed innocence, asserting that the injury was caused by a co‑accused, as recorded in the injured victim's statement under Section 164 of the Criminal Procedure Code. The State opposed bail, while the petitioner highlighted his clean criminal record and the emergence of the victim's statement. The Court considered the facts, the victim's statement, the lack of prior convictions, and the period of custody, and decided to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner despite the serious charges under the IPC and the Arms Act
Whether the victim's statement under Section 164 Cr.P.C. creates reasonable doubt about the petitioner's culpability

Legislation cited

Arms Act — s. 27
Code of Criminal Procedure, 1973 — s. 164
Indian Penal Code — s. 307, 323, 337, 34, 341, 354, 379, 427, 504, 506

Subjects

bail
Indian Penal Code
Arms Act
Criminal Procedure Code
Section 164 statement
clean antecedents
investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11865 of 2026

                         Arising Out of PS. Case No.-134 Year-2017 Thana- FATUA District- Patna
                 ======================================================
                 Dilip Kumar @ Dilip Kumar Singh Son of Raghunandan Singh R/O Vill.-
                 Shivchak, P.S.- Fatuha, District- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Alok Kumar Alok, Advocate
                 For the State           :        Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   24-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 341, 323, 504, 506, 354, 307,

                   427, 337, 379 and 34 of the Indian Penal Code and Section 27

                   of the Arms Act.

                                3. As per F.I.R., it is alleged that this petitioner caused

                   fire arm injury in the chest of brother of informant, namely

                   Pankaj Kumar.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.
Patna High Court CR. MISC. No.11865 of 2026(3) dt.24-04-2026
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          As a matter of fact, on account of petty dispute, altercation took

          place between the parties in which both sides sustained injuries.

          There is case and counter-case. Though, as per F.I.R., this

          petitioner caused fire arm injury in the chest of Pankaj Kumar,

          however, during investigation, injured Pankaj Kumar in his

          statement recorded under Section 164 of the Cr.P.C. has stated

          that it was co-accused Mangru @ Bablu @ Manoj Kumar who

          fired upon him. Moreover, charge-sheet has already been

          submitted and petitioner, having no criminal antecedents, is in

          custody since 21.11.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, period of custody, materials that have surfaced during

          investigation, statement of the injured recorded under Section

          164 of the Cr.P.C. and clean antecedents, the prayer for grant

          bail of to the petitioner is allowed.

                       7. Accordingly, let the above named petitioner 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 learned A.C.J.M.-II, Patna City, Patna in
             Patna High Court CR. MISC. No.11865 of 2026(3) dt.24-04-2026
                                                         3/3




                       connection with Fatuha P.S. Case No. 134 of 2017.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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