Created by Fuzzy Cloud

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

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
                                2/3




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
                                     3/3




            influence the trial or any other proceedings in any

            manner.


Vikash/-                                         (Ansul, J)
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.