Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner.
Summary
The petitioner, Dilip Kumar, was arrested in connection with a 2017 case involving alleged possession of arms and related offences under the Arms Act, IPC and the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, asserting that no weapon was found on his person and that his name surfaced only through a co-accused's confessional statement. The petitioner also highlighted the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and pointed out his lack of involvement with liquor, contrary to the police report. The State opposed the bail application, emphasizing the seriousness of the charges. After considering the custody period, the nature of the evidence, and the statutory non‑compliance, the Court decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount each.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Arms Act, IPC and Bihar Prohibition and Excise Act
- Whether the lack of direct recovery of arms from the petitioner and reliance on a co‑accused's confession warrant bail
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 399, 402
Subjects
- bail
- Arms Act
- IPC
- false implication
- confessional statement
- surety
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1691 of 2026
Arising Out of PS. Case No.-249 Year-2017 Thana- KHUSRUPUR District- Patna
======================================================
Dilip Kumar S/o Shivnandan Singh @ Shivnandan @ Nandan Resident of
village- Panchrukhiya, Police Station- Khushrupur, District- Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Khusrupur P.S. Case No. 249 of 2017 instituted for the offences
under Sections 25(1-b)a, 26, 35 of the Arms Act, Sections
399/402 of the Indian Penal Code and Section 37(c) of the Bihar
Prohibition and Excise Act.
3. As per the F.I.R., on secret information, police
reached Guddu Ravidas’s tea stall, apprehended four accused
while others fled, and allegedly recovered arms, cartridges,
hammers, and a motorcycle, followed by preparation of seizure
list. It is further alleged that the accused persons were in a
drunken state.
Patna High Court CR. MISC. No.1691 of 2026(2) dt.20-01-2026
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4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. The name of the petitioner
transpired in this case on the basis of confessional statement of
the co-accused Upendra Yadav @ Fatel @ Balmiki. Learned
counsel further submitted that petitioner has got no concern with
the recovered arms and ammunitions. Learned counsel further
submitted that petitioner never consumed liquor. Charge-sheet
has been submitted in this case. It has been submitted on behalf
of the petitioner that the petitioner is in custody since
04.12.2025 and has one criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.1691 of 2026(2) dt.20-01-2026
3/3
below/concerned Court in connection with Khusrupur P.S. Case
No. 249 of 2017.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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