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Patna High Court

Dilkhush Kumar @ Dilkhush YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, upholding its earlier order rejecting the petitioner's bail application.

Summary

The petitioner, Dilkhush Kumar, applied for regular bail in a case involving multiple serious offences under the Indian Penal Code, including murder and attempted murder. The trial is nearing completion, and the petitioner has been in custody since June 2024. The trial court had previously rejected his bail application, noting that he was the alleged assailant of the deceased. On a second attempt, the High Court examined the same grounds and found no merit to revisit its earlier decision. Consequently, the Court upheld the earlier order and dismissed the bail application.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the trial being near completion

Legislation cited

Subjects

  • regular bail
  • IPC offences
  • murder
  • attempted murder
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62509 of 2025
                   Arising Out of PS. Case No.-78 Year-2024 Thana- SHANKARPUR District- Madhepura
                 ======================================================
                 Dilkhush Kumar @ Dilkhush Yadav S/O Lalan Yadav @ Lalan Prasad Yadav
                 Resident of Village- Damgara ,Ward No.- 4, P.S.- Sankarpur, District-
                 Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. P.N. Shahi, Sr. Advocate
                                                   Mr. Amit Anand
                 For the Opposite Party/s :        Mr. Khurshid Anwar
                                                   Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                   Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                 2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Sessions Trial No. 176

                   of 2025 arising out of Shankarpur P.S. Case No. 78 of 2024

                   registered for the offence under Sections 341, 342, 323, 307,

                   354, 354B, 302, 504 and 34 of the Indian Penal Code.

                                 3. Earlier the bail application of the petitioner was

                   rejected on 21.02.2025 in Cr. Misc. No. 77907 of 2024 which

                   reads as follows:-

                                                          Heard learned counsel for the
                                              petitioner and learned APP for the State.
                                                          2. The petitioner seeks bail in
                                              connection with Shankarpur P.S. Case No. 78 of
            Patna High Court CR. MISC. No.62509 of 2025(3) dt.11-02-2026
                                                        2/2




                                              2024 registered for the offence under Section
                                              341, 342, 323, 307, 354, 354B, 302, 504/34 of
                                              the Indian Penal Code.
                                                          3. As per the prosecution case, one
                                              Dilkhus Yadav/petitioner is the assailant of the
                                              deceased who is in custody since 21.06.2024.
                                                          4. In view of the fact that the
                                              petitioner is the assailant of the deceased, this
                                              Court is not inclined to grant bail to the
                                              petitioner.
                                                          5. Accordingly, this application is
                                              dismissed.


                                   4. The trial is on the verge of completion. This Court

                      finds no ground to review its earlier order. Accordingly, this

                      application for regular bail stands rejected.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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