Patna High Court
Dil Khush Kumar @ Dilkhush YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dil Khush Kumar, was arrested in connection with an alleged robbery and assault under Section 394 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution alleged that three persons intercepted an informant, snatched his mobile and fired at him. The FIR named unknown miscreants, but a co‑accused, Rahul Kumar, gave a confessional statement implicating the petitioner, though no material was recovered from him. The petitioner had been in judicial custody since 20 March 2025 and the State opposed bail citing a prior similar offence. The court, after considering the lack of direct evidence against the petitioner and the circumstances, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in offences punishable under Section 394 IPC and Section 27 Arms Act despite a co‑accused's confessional statement.
- Whether the petitioner’s alleged criminal antecedent warrants denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 394
Subjects
- bail
- criminal procedure
- IPC 394
- Arms Act 27
- confessional statement
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71671 of 2025
Arising Out of PS. Case No.-77 Year-2023 Thana- SINGHESHWAR District- Madhepura
======================================================
Dil Khush Kumar @ Dilkhush Yadav S/o Shiv Nandan Prasad Yadav @ Shiv
Nandan Yadav R/o Village - Lokaha, Ward No. 12, P.S - Lokaha, District -
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 05-01-2026 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 Section 394 of the
Indian Penal Code and under Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that while the
informant was going to his house on his bike he was being
intercepted by three persons on a bike. It is further alleged that the
accused persons snatched his mobile and have fired at him and
after this they fled away.
4. Learned counsel for the petitioner submits that the
FIR was lodged against unknown miscreants. During course of
investigation co-accused Rahul Kumar has given his confessional
statement and he has named this petitioner. Learned counsel for
the petitioner has submitted that no recovery has been made from
Patna High Court CR. MISC. No.71671 of 2025(3) dt.05-01-2026
2/2
the possession of this petitioner. Save and except the confessional
statement of Rahul Kumar, there is nothing against the petitioner.
Learned counsel for the petitioner has submitted that the petitioner
is languishing in judicial custody since 20.03.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner and has
submitted that the petitioner is having criminal antecedent of one
case of similar nature.
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 Singheshwar P.S. Case No. 77 of 2023 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Madhepura.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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