Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the regular bail application, directing that the trial proceed.
Summary
Dilip Kumar was arrested in connection with a robbery of Rs. 1,20,000 and injuries to an informant, alleged to have been committed using clothing recovered from his house and captured on CCTV. He was charged under Section 309(6) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The petitioner filed a second bail application after an earlier bail denial, arguing that the trial had not commenced following the charge-sheet. The court noted the seriousness of the offences, the existence of incriminating evidence, and the petitioner’s criminal antecedents, finding no merit to revisit its earlier decision. Consequently, the bail application was dismissed and the trial was directed to proceed.
Issues considered
- Whether bail should be granted to the petitioner given the gravity of the offences under the Bihar Narcotic Substances Act and the Arms Act
- Whether the trial has commenced after the filing of the charge-sheet, warranting a review of the earlier bail denial
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 309(6)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- gravity of offence
- trial commencement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39452 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- Chakmesi District- Samastipur
======================================================
Dilip Kumar S/O Late Shiv Kumar Mahto @ Shiv Kumar Mahto Residents of
Village- Mutlupur, Police Station- Hattha, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Chakmehsi P.S. Case No. 122 of 2025,
registered for the offence punishable under Section 309(6) of
BNS and Section 27 of the Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 19.11.2025 in Cr. Misc. No. 78804 of 2025 which
reads as follows:-
Heard learned counsel for the petitioner
and learned A.P.P. for the State.
2. The petitioner seeks regular bail in
connection with Chakmehsi P.S. Case No. 122 of 2025,
registered for the offence punishable under Section
309(6) of BNS and Section 27 of the Arms Act.
3. As per the prosecution case, some
unknown persons looted a sum of Rs. 1,20,000/- from
the Customer Service Point and they caused injuries to
Patna High Court CR. MISC. No.39452 of 2026(2) dt.07-07-2026
2/2
the informant. During investigation, the name of the
petitioner has come and the cloth of the petitioner was
recovered from his house which was used at the time of
committing crime which has been captured in the CCTV
Footage.
4. Learned counsel for the petitioner
submits that thepetitioner is innocent and has not
committed any offence. Petitioner is in custody since
12.08.2025.
5. Learned A.P.P. for the State has
vehemently opposed the prayer for bail and submitted
that the petitioner has criminal antecedents.
6. Considering the aforesaid, this Court is
not inclined to grant regular bail to the petitioner. The
prayer for bail is rejected.
7. Accordingly, this application for regular
bail stands dismissed.
4. The learned counsel for the petitioner submits that
the trial has not stated after submission of charge-sheet.
5. Considering the gravity of the offence, this Court
finds no ground to review its earlier order. Accordingly, this
application for regular bail stands dismissed.
6. The Court below is directed to frame the charges
and proceed with the trial.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.