Patna High Court
Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Dilkhush Kumar, was charged under Sections 302, 201 and 34 of the Indian Penal Code for a serious offence. He had been in custody since 30‑04‑2024 and his earlier bail application was rejected with a direction that he could re‑apply if the trial was not concluded within a year. Counsel argued that the trial was proceeding slowly, many prosecution witnesses had turned hostile, and the petitioner had no prior criminal record. The State opposed bail, citing the gravity of the charges. Considering the delayed trial, the petitioner’s clean antecedents and the ongoing hostile witness situation, the court allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to an accused charged with murder, abetment of suicide and conspiracy (IPC §§302, 201, 34) given the seriousness of the offences
- Whether the delay in trial and hostile prosecution witnesses justify bail
- Whether the petitioner’s clean antecedents and period of custody warrant bail
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- IPC
- murder
- abetment of suicide
- conspiracy
- trial delay
- hostile witnesses
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13248 of 2026
Arising Out of PS. Case No.-182 Year-2024 Thana- PAKARIBARAW District- Nawada
======================================================
Dilkhush Kumar S/o- Ramanuj Singh @ Anuj Singh R/v- Bajpur Ps-
Pakribarawan Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Shilpi Keshri, Advocate
For the State : Mr. Binod Kumar, 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 302, 201 and 34 of the Indian
Penal Code.
3. Earlier, the prayer for grant of bail to the petitioner
was rejected by this Court vide order dated 22.01.2025 passed in
Cr. Misc. No. 77651 of 2024 with an observation that if the trial
is not concluded within a period of one year, the petitioner shall
be at liberty to renew his prayer for bail.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence. It
is submitted that till date, trial has not been concluded and the
Patna High Court CR. MISC. No.13248 of 2026(3) dt.24-04-2026
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examination of prosecution witnesses is still going on. It is
further submitted that most of the witnesses who were examined
on behalf of the prosecution have been declared hostile.
Petitioner has got no criminal antecedents and he is in custody
since 30.04.2024.
5. On the other hand, 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, slow and tardy progress of trial, clean antecedents of the
petitioner and period of custody, 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 J.M.-I, Nawada in connection with
Pakribawan P.S. Case No. 182 of 2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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