Patna High Court
Dilkhush Kumar @ Dilkhush YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 302, 307, 323, 34, 341, 342, 354, 354B, 504
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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