Patna High Court

Dilkhush Kumar @ Gopal KumarversusThe State Of Bihar

Decided: 31 March 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that bail should be granted as the allegations did not constitute a prima facie case against the petitioner.

Summary

The petitioner, Dilkhush Kumar, was implicated in a case involving alleged criminal trespass and theft based on the testimony of a co-accused. He argued that the allegations were unfounded, noting that he was found outside the house and his name was disclosed only by the co-accused. The prosecution highlighted his prior criminal antecedents and opposed bail. The court examined whether a prima facie case existed for criminal trespass and theft and considered the applicability of Section 482(2) of the Bhartiya Nayay Sanhita for granting bail. Finding the allegations against the petitioner insufficient to constitute a prima facie case, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to the conditions of Section 482(2).

Issues considered

Whether the petitioner is entitled to bail under Section 482(2) of the Bhartiya Nayay Sanhita in the absence of a prima facie case.
Whether the allegations of criminal trespass and intent to commit theft against the petitioner are sufficient to deny bail.

Legislation cited

Bhartiya Nayay Sanhita, 2023 — s. 305, 331(4), 482(2), 62

Subjects

bail
criminal trespass
theft
prima facie case
Section 482
BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19017 of 2026
                      Arising Out of PS. Case No.-76 Year-2025 Thana- DHARHARA District- Munger
                 ======================================================
                 Dilkhush Kumar @ Gopal Kumar, S/O Kishor Singh R/O Vill.- Amari, P.S-
                 Darhara, District- Munger.                            ... ... Petitioner/s
                                              Versus
                 The State of Bihar.                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Poonam Kumari, Advocate
                 For the Opposite Party/s :      Mr.Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   31-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing

                   on behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with A.B.P. No. 138/2026 arising out of Dharhara

                   P.S. Case No. 76 of 2025 registered for the offences punishable

                   under Sections 331(4), 305 and 62 of the Bhartiya Nayay

                   Sanhita 2023.

                                3. As per FIR, co-accused Chandramanai Kushwaha

                   was apprehended by the informant while he entered into the

                   house of informant after criminal trespass, where he was

                   suspected to enter into the premises with intention to commit

                   theft. The name of petitioner was disclosed by apprehended co-

                   accused Chandramanai Kushwaha.

                                4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.19017 of 2026(2) dt.31-03-2026
                                            2/3




          behalf of the petitioner that out of previous enmity, the

          petitioner was implicated with present crime in question. It is

          pointed out that even the allegation of criminal trespass is not

          appears convincing against this petitioner as admittedly he

          found outside house and his name was disclosed only on the

          basis of disclosure made by apprehended co-accused person. It

          is submitted that no act alleged was committed and maximum

          allegation is of criminal trespass that too against co-accused

          who alleged to apprehend inside the premises/house of the

          informant.

                       5. Explaining criminal antecedent, it is pointed out

          that petitioner found involved in two more criminal cases, where

          he is on bail.

                       6. Learned APP opposed the prayer of bail.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as prima facie allegation of criminal trespass

          not appears available against this petitioner, coupled with the

          fact that allegation to commit theft is also raised on the basis of

          suspicion in the background of criminal trespass, accordingly,

          above named petitioner, in the event of his arrest or surrender

          before the learned trial Court, within a period of four weeks of

          the order, is directed to be released on bail furnishing bail bond
              Patna High Court CR. MISC. No.19017 of 2026(2) dt.31-03-2026
                                                          3/3




                        of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

                        like amount each to the satisfaction of the learned Judicial

                        Magistrate 1st Class, JJB, Munger/concerned Court, where the

                        case is pending in connection with A.B.P. No. 138/2026 arising

                        out of Dharhara P.S. Case No.                 76 of 2025 subject to the

                        conditions as laid down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T

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