Patna High Court
Dilkhush Kumar @ Rajnish Kumar @ Khushdil Kumar @ Khushdil Singh @ Dilkhush SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner subject to a bond and conditions of personal appearance.
Summary
The petitioner, Dilkhush Kumar, was charged under Sections 303(2) and 317(5) of the Bihar Narcotic Substances Act and Sections 25(1‑B)a and 26 of the Arms Act for possession of a pistol, cartridges and stolen motorcycles recovered from his house. He applied for bail, arguing that the FIR contained vague, omnibus allegations and that the seizure violated mandatory search‑seizure procedures, with no independent witness to the seizure list. The State opposed bail, citing the petitioner’s criminal antecedents, although he was already on bail in those cases. The Court considered the fact that the petitioner had been in custody since 07‑02‑2025, that charges had been framed, and his willingness to cooperate in the trial. Weighing these factors, the Court ordered that bail be granted on a bond of Rs. 10,000 with two sureties, subject to conditions of personal appearance in court and possible cancellation on non‑appearance.
Issues considered
- Whether bail should be granted despite serious charges under the Bihar Narcotic Substances Act and the Arms Act
- Whether alleged procedural violations in the seizure of weapons affect bail eligibility
- Whether the petitioner’s prior criminal antecedents preclude bail
Legislation cited
- Arms Act — s. 25(1-B)a, 26
- Bihar Narcotic Substances Act — s. 303(2), 317(5)
Subjects
- bail
- criminal procedure
- arms act
- narcotic law
- search and seizure
- procedural irregularities
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72334 of 2025
Arising Out of PS. Case No.-225 Year-2024 Thana- BEERPUR District- Begusarai
======================================================
Dilkhush Kumar @ Rajnish Kumar @ Khushdil Kumar @ Khushdil Singh @
Dilkhush Singh S/O Arjun Singh R/O Village- Sahuri, P.S- Birpur, Distt.-
Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Namita Sharma, Advocate
Mr. Anshu Dhar Sharma, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 10-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 303 (2) and 317 (5) of B.N.S.
and Sections 25 (1-B)a and 26 of the Arms Act.
3. As per the prosecution case, one country made
pistol, one pistol, sixteen cartridges and three stolen motorcycles
were recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that
there are general and omnibus allegations against him in the
First Information Report and the recovery of the weapon also
seems to be doubtful in view of the fact that the mandatory
provision of search and seizure have been violated and there is
Patna High Court CR. MISC. No.72334 of 2025(3) dt.10-02-2026
2/3
no independent witness to the seizure list. It is also submitted
that the petitioner is in custody since 07.02.2025 and charges
have been framed in the case.
5. Learned A.P.P. for the State vehemently opposes the
bail on the ground that the petitioner has several criminal
antecedents. However, it is submitted that the petitioner is on
bail in the said cases.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
petitioner is in custody since 07.02.2025 and charges have
already been framed and also on account of the fact that the
petitioner undertakes to co-operate further also in the trial, the
above named petitioner is directed to be enlarged on bail, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Birpur P.S. Case No. of 225 of 2024,
only after confirming the fact that charges have already been
framed as submitted by the learned counsel for the petitioner.
Further, to the condition that:-
(i) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
Patna High Court CR. MISC. No.72334 of 2025(3) dt.10-02-2026
3/3
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
vashudha/-
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