Patna High Court
Dinesh Kumar @ Dinesh Sah @ JhunjhunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
The petitioner, Dinesh Kumar, was arrested on 26 September 2025 in connection with FIR No. 78 of 2024 for offences under Section 394 of the IPC and Sections 25(1‑B)(a), 26 and 27 of the Arms Act. He was not named in the FIR; his name emerged only from a confessional statement of a co‑accused during investigation. Several co‑accused, including Anurag Kumar and Ankit Kumar, had already been granted bail by the same court. The State opposed bail, citing three other similar cases against the petitioner, although he was on bail in those matters. The court noted the lack of direct naming in the FIR and the precedent of bail to co‑accused, and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding trial attendance, evidence tampering, and verification of criminal antecedents. The bail order was made without delay for verification purposes.
Issues considered
- Whether bail should be granted to an accused not named in the FIR but identified through a co‑accused's confessional statement
- Whether the existence of other pending cases of similar nature affects the grant of bail
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27
- Indian Penal Code — s. 394
Subjects
- bail
- criminal procedure
- Section 394 IPC
- Arms Act
- confessional statement
- co‑accused
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7171 of 2026
Arising Out of PS. Case No.-78 Year-2024 Thana- BALIYA District- Begusarai
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Dinesh Kumar @ Dinesh Sah @ Jhunjhun S/o Sitaram Sah R/o Vill.- Ward
No. 8, Chhoti Ballia @ Balia Upper Tola Lakhmini, P.s.- Ballia @ Balia,
Dist.- Begusarai.- 851211
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-03-2026 Heard Mr.Arvind Kumar, learned counsel for the
petitioner and Mr.Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
26.09.2025 in connection with Ballia @ Balia P.S. Case No.
78 of 2024, F.I.R. dated 04.03.2024 registered for the offence
punishable under Section 394 of IPC and Sections 25(1-B)
(a), 26,27 of Arms Act.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that
the petitioner is not named in the FIR. The name of the
petitioner has been transpired during investigation on the
Patna High Court CR. MISC. No.7171 of 2026(3) dt.18-03-2026
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basis of the confessional statement of co-accused person.
Thereafter, the petitioner has been remanded in the present
case from Bakhari P.S.Case No. 302/2024 on 26.09.2025 and
co-accused persons, namely, Anurag Kumar has already been
granted bail by this Court vide order dated 21.09.2024 passed
in Cr. Misc. No. 57785 of 2024 and co-accused person,
namely, Ankit @ Ankit Kumar has also been granted bail by
this Court vide order dated 21.09.2024 passed in Cr. Misc.
No. 52771 of 2024 and several other co-accused persons have
also been granted bail by this Court and the police, after
investigation, submitted chargesheet against the petitioner on
17.11.2025 and the petitioner is in custody since 26.09.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that
the petitioner carries three more cases other than the present
one of similar nature but fairly submits that the petitioner is
on bail in all the cases, as mentioned in para-3 of the bail
petition.
6. Considering the aforesaid facts, petitioner is not
named in the FIR, the name of the petitioner has been
transpired during investigation on the basis of the
confessional statement of co-accused person and similarly
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situated co-accused persons have already been granted bail by
this Court, 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
learned J.M.F.C.-cum-Addl.Munsif, Begusarai in connection
with Ballia @ Balia P.S. Case No. 78 of 2024, with 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/her absence on two consecutive dates
without sufficient reason, his/her 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
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order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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