Patna High Court
Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petitioner is entitled to regular bail.
Summary
The petitioner, Dilkhush Kumar, was implicated in a case under Section 309(4) of the Bharatiya Nyaya Sanhita after a co‑accused, Ravi Kumar, named him in a confession. The alleged incident involved unknown gun‑armed miscreants looting a bike, and no Third Information Report was filed. The charge‑sheet had already been submitted and a similarly situated co‑accused, Sintu Kumar, had been granted regular bail. The petitioner had been in custody since 23‑Oct‑2025, had no prior criminal record, and pledged to cooperate with the trial, presenting no risk of tampering with evidence or absconding. The State opposed bail, but the court considered the filed charge‑sheet, the grant of bail to the co‑accused, the petitioner’s clean antecedent, and the length of custody. Consequently, the court ordered the petitioner’s release on regular bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether regular bail can be granted when the charge‑sheet is filed and a co‑accused has been released on bail
- Whether the petitioner poses a risk of tampering with evidence or absconding
- Whether the absence of a Third Information Report affects the bail application
Legislation cited
- Bharatiya Nyaya Sanhita — s. 309(4)
Subjects
- regular bail
- criminal procedure
- charge‑sheet
- clean antecedent
- co‑accused
- Bharatiya Nyaya Sanhita
- Section 309
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11937 of 2026
Arising Out of PS. Case No.-131 Year-2025 Thana- Ghogha District- Bhagalpur
======================================================
Dilkhush Kumar son of Sri Chandeshwari Yadav Resident of village-
Jagatpur, P.S.- Parbatta, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar Upadhyaya, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offence punishable under Section 309(4) of Bharatiya
Nyaya Sanhita.
3. It is alleged that while informant was returning
home, some unknown miscreants, on the point of gun, looted his
bike.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Further submission is that the F.I.R. was lodged
against unknown miscreants. On the basis of confession of co-
accused Ravi Kumar, the name of the petitioner has been
transpired in this case. No T.I.P. has been conducted. The
charge-sheet has already been submitted after completion of
Patna High Court CR. MISC. No.11937 of 2026(2) dt.25-02-2026
2/2
investigation. Similarly situated co-accused person, namely,
Sintu Kumar has already been granted regular bail by a Co-
ordinate Bench of this Court vide order dated 10.02.2026 passed
in Cr. Misc. No. 6749 of 2026. Petitioner is in custody since
23.10.2025 having no criminal antecedent and he undertakes to
co-operate in the trial. There is no chance of tampering with the
evidence or absconding of the petitioner.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the fact that charge-sheet has been
submitted, similarly situated co-accused person has been
granted bail, clean antecedent of the petitioner and period of
custody undergone, 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 Additional Chief Judicial Magistrate-II,
Bhagalpur/concerned Court in connection with Ghogha P.S.
Case No. 131 of 2025.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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