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Patna High Court

Dilkhush KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioner.

Summary

The petitioner, Dilkhush Kumar, applied for anticipatory bail in a case registered under several sections of the Bihar Narcotic Substances Act and the Arms Act, alleging that he was implicated in the manufacturing of illegal weapons based solely on the confessional statements of co‑accused arrested during a raid. The petitioner argued that no weapon was recovered from his possession, the co‑accused statements lack evidentiary value, and his prior case does not relate to the Arms Act. The State opposed the bail, highlighting that arms and ammunition were seized from the raid site, the investigation is at an early stage, and granting bail could enable the petitioner to abscond. After considering the submissions, the Court declined to extend anticipatory bail, finding the risk of absconding and the seriousness of the allegations outweigh the petitioner's arguments. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether confessional statements of co‑accused have evidentiary value for bail considerations
  • Whether the petitioner’s prior case, not under the Arms Act, influences the bail decision
  • Whether the risk of the petitioner absconding justifies denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • confessional statements
  • bail jurisprudence
  • risk of absconding
  • illegal weapon manufacturing
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78043 of 2025
                 Arising Out of PS. Case No.-125 Year-2025 Thana- MUNGER MUFFASIL District- Munger
                 ======================================================
                 Dilkhush Kumar S/O Bijo Yadav @ Bijay Kumar Yadav R/O Village- Taufir
                 (Tauhfir), (Toufir), P.S- Muffasil, Distt.- Munger.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sandip Kumar Gautam
                 For the Opposite Party/s :      Mr. Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in Munger Muffasil P. S. Case No.125 of 2025 registered

                   for the offences punishable under Sections 111(1),111(2)

                   (b),111(4),3(5) of the B.N.S and Sections 25(1)(a),25(1-

                   A),25(1-AA),25(1-B)(a),25(1-B)(c),26(1),26(2),35 of the Arms

                   Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case and the informant

                   alleges     that     on    secret    information      that   accused        are

                   manufacturing illegal weapon, the place of occurrence was

                   raided and three accused were arrested who disclosed their

                   name as Md. Naushad, Md. Sajmul and Md. Naushad and also
Patna High Court CR. MISC. No.78043 of 2025(2) dt.05-01-2026
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          disclosed the name of petitioner and four others who fled from

          place of occurrence. The apprehended accused also disclosed

          that Md. Jasim and Md. Shamshad while fleeing left their

          mobile and on search, illegal weapon and parts were recovered

          as detailed in the FIR.

                       4. The learned counsel for the petitioner submits that

          petitioner was not arrested from the spot as such nothing was

          recovered from his conscious possession and he came to be

          implicated in the instant case based on confessional statement of

          apprehended accused in police custody, which does not have

          any evidentiary value. It is further submitted that petitioner has

          antecedent of one case, but then, the same is not under the Arms

          Act.

                       5. Learned A.P.P. vehemently opposes the anticipatory

          bail application and submits that informant alleges that on

          receiving secret information that arms are being manufactured,

          the place of occurrence was raided from where some accused

          fled and three were apprehended who disclosed their name of

          the petitioner along with others and from the place of

          occurrence arms and ammunitions were recovered apart from

          other things as detailed in the FIR. It is also submitted that

          investigation is in its nascent stage and if privilege of
               Patna High Court CR. MISC. No.78043 of 2025(2) dt.05-01-2026
                                                           3/3




                         anticipatory bail is granted, the petitioner may abscond.

                                      6. Considering the submissions made by the learned

                         A.P.P., the Court is not inclined to extend the privilege of

                         anticipatory bail to the petitioner.

                                      7. The prayer of the petitioner for anticipatory bail

                         stands rejected.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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