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Patna High Court

Dilkhush Kumar @ Rajnish Kumar @ Khushdil Kumar @ Khushdil Singh @ Dilkhush SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U      T


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