Patna High Court
Dayanand Kumar @ Dayanand Kumar BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner on the terms specified by the Court.
Summary
The petitioner, Dayanand Kumar, was arrested in Gaya along with Satish Singh for alleged possession of looted cash, two country‑made pistols, a registration plate and mobile phones. He is charged under Sections 310(2) and 317(3) of the Bhartiya Nyaya Sanhita, 2023 and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioner has been in custody since 20 September 2025 and claims no prior criminal record, while his co‑accused Satish Singh had already been granted bail. The State opposed the bail application, citing the seriousness of the offences. Applying the principle of parity and noting the absence of antecedents, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bhartiya Nyaya Sanhita and the Arms Act
- Whether the petitioner’s lack of prior criminal antecedents and the bail granted to a co‑accused warrant the release on bail
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 310(2), 317(3)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- criminal procedure
- arms possession
- serious offences
- parity principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16641 of 2026
Arising out of PS. Case No.-970 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Dayanand Kumar @ Dayanand Kumar Bharti S/o Vineshwar Paswan
Resident of Village-Vijaypur, P.S.- Vishunganj @ Bishunganj, Dist.-
Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Gaya Muffasil P.S. Case
No. 970 of 2025 registered for the offences punishable under
Sections 310(2) and 317(3) of the Bhartiya Nyaya Sanhita, 2023
and Sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The allegation is that the petitioner along with
another person namely Satish Singh was apprehended and from
the possession of the petitioner the looted amount, two loaded
country-made pistols, extra registration plate and mobile phones
were recovered.
4. Learned counsel for the petitioner submits that the
person namely Satish Singh who was apprehended along with
the petitioner has been allowed bail vide Cr. Misc. No.
Patna High Court CR. MISC. No.16641 of 2026(3) dt.07-05-2026
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08.01.2026 passed in Cr. Misc. No. 85543 of 2025. He further
submits that the petitioner is in custody since 20.09.2025 and
has no criminal antecedent.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the principles of parity as well as the
absence of antecedent, this Court is inclined to grant bail to the
petitioner.
7. 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 Chief
Judicial Magistrate, Gaya in connection with Gaya
Muffasil P.S. Case No. 970 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Code of Criminal Procedure / Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
Patna High Court CR. MISC. No.16641 of 2026(3) dt.07-05-2026
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influence the trial or any other proceedings in any
manner.
Vikash/- (Ansul, J)
U T
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