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Patna High Court

Dillo Roy @ Dildar RoyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Dillo Roy was arrested on 12-12-2025 in connection with a 2023 FIR alleging assault, attempted murder and illegal possession of arms, with charges under several IPC sections and Section 27 of the Arms Act. The prosecution alleged that Roy, along with co‑accused Sanjit Pahariya, assaulted an informant, and that Pahariya fired at the informant, causing injury. Roy contended he had a clean record, was falsely implicated, and that the FIR contained only a general allegation against him without specific details of assault or firing. The Additional Public Prosecutor opposed bail, asserting Roy’s active participation despite the lack of specific allegations. The High Court, after considering the circumstances, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of court attendance, non‑tampering with evidence or witnesses, and verification of his criminal antecedent.

Issues considered

  • Whether the petitioner is entitled to bail despite being charged with serious offences including attempt to murder and offences under the Arms Act.
  • Whether the lack of specific allegations against the petitioner in the FIR justifies granting bail.
  • Whether the petitioner’s criminal antecedent and risk of tampering with evidence warrant denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC
  • Arms Act
  • serious offences
  • pre‑trial detention
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40072 of 2026
                   Arising Out of PS. Case No.-900 Year-2023 Thana- KAHALGAON District- Bhagalpur
                 ======================================================
                 Dillo Roy @ Dildar Roy Son of Tukki Roy @ Tanik Lal Roy Resident of
                 Village- Shyampur, P.S.- Kahalgaon, District- Bhagalpur.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Swapnil Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-06-2026                     Heard Mr. Swapnil Kumar Singh, learned counsel

                   for the petitioner and Mr. Prem Kumar Jha, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   12.12.2025 in connection with S.T. No. 52 of 2026 arising out

                   of Kahalgoan P.S. Case No. 900 of 2023, F.I.R. dated

                   30.07.2023 for the offences punishable under Sections 147,

                   341, 323, 504, 307, 427 and 34 of the IPC and Section 27 of the

                   Arms Act.

                               3. According to prosecution case, this petitioner along

                   with other accused persons have abused and assaulted the

                   informant due to some previous enmity and co-accused Sanjit

                   Pahariya shot fired upon the informant due to which he received

                   injury on his right thigh.
Patna High Court CR. MISC. No.40072 of 2026(2) dt.29-06-2026
                                            2/3




                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. Although the petitioner is

          named in the FIR but from perusal of the FIR it appears that

          there is no specific allegation of assault or firing against the

          petitioner rather the specific allegation of firing is against the

          co-accused Sanjit Pahariya and there is general and omnibus

          allegation against this petitioner. He further submits that the

          police after investigation submitted the charge sheet against the

          petitioner. The petitioner is in custody since 12.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner has actively participated in the

          present crime in question but fairly submits that there is no

          specific allegation of assault or firing against him.

                       6. Considering the aforesaid facts and circumstances,

          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 Additional

          Sessions Judge XIX, Bhagalpur in connection with S.T. No. 52
            Patna High Court CR. MISC. No.40072 of 2026(2) dt.29-06-2026
                                                        3/3




                      of 2026 arising out of Kahalgoan P.S. Case No. 900 of 2023,

                      subject to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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