Patna High Court
Dinkar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, given the petitioner’s clean record and the circumstances of his apprehension, regular bail should be granted.
Summary
The petitioner, Dinkar Kumar, was arrested in connection with a robbery‑assault where a pistol, live cartridge and a mobile phone were allegedly recovered from him. He contended that he was apprehended by an informant, not the police, and that no material was actually recovered from his possession; he also asserted he has no prior criminal record and has been in judicial custody since 1 October 2025. The State opposed his regular bail application. The court examined the facts, noting the lack of antecedents and the circumstances of his apprehension, and decided to enlarge him on bail. Accordingly, the petitioner was released on a bail bond of Rs 10,000 with two sureties of the same amount. The order disposes of the bail petition.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 126(2), 115(2), 109(1), 307 & 3(5) of the BNS and Sections 25(1‑B)(a), 26, 35 & 37 of the Arms Act.
- Whether the manner of recovery of the alleged weapons by an informant affects the grant of bail.
Legislation cited
Subjects
- bail
- regular bail
- arms act
- robbery
- assault
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13617 of 2026
Arising Out of PS. Case No.-426 Year-2025 Thana- BIHARIGANJ District- Madhepura
======================================================
Dinkar Kumar S/O Dhaniklal Mandal @ Daniklal Mandal R/O Village-
Saraunikala, P.S- Bihariganj, Distt.- Madhepura (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Anand, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 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 Sections 126(2),
115(2), 109(1), 307 & 3(5) of the BNS and under Sections 25
(1-B)(a), 26, 35 & 37 of the Arms Act.
3. The case of the prosecution, in short, is that the
informant left his home on his bike to attend fair. On the way,
near the electric agricultural transformer on the western side of
Laxmipur canal, six persons were there on bikes without
number plate. As soon as the informant and his friend Jasveer
Mukhia reached there, the accused persons pointed weapons on
them and also demanded the mobile, bike and cash. On being
resisted, all the accused persons started assaulting the informant
and his friend and their mobile phones were snatched by the
Patna High Court CR. MISC. No.13617 of 2026(2) dt.12-03-2026
2/3
accused persons. Seeing this, the locals gathered their and this
petitioner was apprehended and was handed over to police along
with a country made pistol, a live cartridge and a mobile phone.
4. Learned counsel for the petitioner submits that at
the place of occurrence many persons have gathered and this
petitioner was apprehended by the informant and not by the
police and recovery has also not been made by the police rather
the informant has recovered the alleged articles from the
possession of this petitioner and has handed over it to the police.
Learned counsel for the petitioner has submitted that the
petitioner has been framed in this case but nothing has been
recovered from his possession. Learned counsel for the
petitioner has submitted that the petitioner is having no criminal
antecedent and he is in judicial custody since 01.10.2025.
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 Bihariganj P.S. Case No. 426 of 2025
on furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.13617 of 2026(2) dt.12-03-2026
3/3
S.D.J.M., Udakishunganj (Madhepura).
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.