Patna High Court

Dilkhush Kumar @ Khushdil Kumar @ Khushdil Singh @ Dilkhush SinghversusThe State of Bihar

Decided: 3 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Dilkhush Kumar, sought regular bail in a case registered under Section 317(5) of the Bihar Narcotic Substances Act and Sections 25(1‑B)a, 26 and 35 of the Arms Act, where a bike, a loaded pistol and live cartridges were allegedly recovered from his possession. The petitioner claimed innocence, stating the bike belonged to a friend and that no theft case had been filed, asserting he was implicated solely due to his nine prior criminal records. The State opposed bail, arguing the seriousness of the offenses. The court, after considering the circumstances, decided to grant bail on the condition of a Rs.10,000 bond with two sureties and weekly police station attendance. The bail was ordered to be released subject to compliance with the stipulated conditions.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the offenses under the BNS Act and Arms Act.
Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Arms Act — s. 25(1‑B)a, 26, 35
Bihar Narcotic Substances Act — s. 317(5)

Subjects

bail
regular bail
Arms Act
Bihar Narcotic Substances Act
criminal antecedents
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4823 of 2026
                      Arising Out of PS. Case No.-10 Year-2025 Thana- Chhaudahi District- Begusarai
                 ======================================================
                 Dilkhush Kumar @ Khushdil Kumar @ Khushdil Singh @ Dilkhush Singh
                 S/o Arjun Singh R/o Village - Sahuri, ward no. 4, P.S - Birpur, District -
                 Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Krishna Prabhat,Advocate
                 For the Opposite Party/s :        Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   03-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 317 (5) of

                   the BNS and Sections 25 (1-B)a, 26 and 35 of the Arms Act.

                                3.     The case of the prosecution is that from the

                   possession of this petitioner, one bike, one loaded country made

                   pistol and four live cartridges were recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that so

                   far as bike is concerned, the petitioner has made a statement in

                   paragraph-10 of the petition that the bike belongs to his friend.
            Patna High Court CR. MISC. No.4823 of 2026(2) dt.03-02-2026
                                                        2/2




                      It is further submitted that with regard to the alleged theft, no

                      case has been filed. Nothing has been recovered from the

                      possession of this petitioner. It is further submitted that the

                      petitioner has been made an accused on the basis of his criminal

                      antecedents, as he has nine criminal antecedents. Moreover, the

                      petitioner is languishing in judicial custody since 22.01.2025.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Chhaurahi P.S. Case No. 10 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      SDJM,Manjhaul, Begusarai, subject to the condition that the

                      petitioner shall cooperate in the trial and shall mark his

                      attendance at concerned police station weekly, failing which the

                      learned Magistrate will be at liberty to pass appropriate orders.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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