Patna High Court

Dilkhush KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The Court held that there was no ground to review the earlier order denying bail and dismissed the application.

Summary

The petitioner, Dilkhush Kumar, was charged under Sections 395, 120(B) and 34 of the Indian Penal Code for a dacoity involving Rs. 4,30,000. He applied for regular bail for the second time after his earlier bail application was rejected on 19-03-2025. The prosecution alleged that unknown criminals committed the dacoity, and the trial had commenced with three of five witnesses examined. The petitioner had been in custody since 20-06-2024. The Patna High Court, after considering the nature of the offence and the progress of the trial, found no ground to revisit its earlier order and dismissed the bail application.

Issues considered

Whether regular bail can be granted in a dacoity case punishable under Section 395 IPC coupled with Sections 120(B) and 34 IPC.
Whether the earlier denial of bail can be reviewed on the basis of trial progress.
Whether the custody of the petitioner since 20-06-2024 warrants bail.

Legislation cited

Indian Penal Code — s. 120(B), 34, 395

Subjects

bail
dacoity
criminal conspiracy
common intention
high court
regular bail
trial progress

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72925 of 2025
                   Arising Out of PS. Case No.-85 Year-2024 Thana- Ramgarh Chowk District- Lakhisarai
                 ======================================================
                 Dilkhush Kumar S/o Shailendra Yadav R/o Village - Kariho, P.S - Sheikhpura,
                 District - Sheikhpura

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dinkar Kumar, Advocate
                 For the Opposite Party/s :        Mr.Rajendra Shastri, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                    Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection Ramgarh Chowk P.S. Case No. 85

                   of 2024 registered for the offence under Sections 395, 120(B)/

                   34 of the Indian Penal Code. Earlier the bail application of the

                   petitioner was rejected vide order dated 19.03.2025 passed in

                   Cr. Misc. No. 7986 of 2025.

                                3. As per the prosecution case, unknown criminals

                   committed dacoity of Rs. 4,30,000/-.

                                4. Learned counsel for the petitioner submits that trial

                   has started and out of five, three witness have been examined

                   and the petitioner is in custody since 20.06.2024.

                                5. Considering the aforesaid facts and the nature of

                   recovery, this Court finds no ground to review its earlier order.
              Patna High Court CR. MISC. No.72925 of 2025(3) dt.11-02-2026
                                                          2/2




                                     6. Accordingly, this application is dismissed again.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

Continue reading with your account

Checking your session…