Patna High Court
Dillo Roy @ Dildar RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Indian Penal Code — s. 147, 307, 323, 34, 341, 427, 504
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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