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Patna High Court

Dilkhush RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Dilkhush Rai, was in custody for offences under several sections of the B.N.S. and section 27 of the Arms Act, stemming from an alleged assault on Kamlesh Rai. He had been detained since 16 January 2025 and sought bail, offering an undertaking to appear regularly and not commit further offences. The State opposed bail, citing his criminal antecedents. The Court considered the length of his pre‑trial detention, his undertaking, and the conditions he was willing to accept. It decided to grant bail, imposing a bond of Rs.10,000 with two sureties and several strict conditions regarding appearance, witness tampering, and conduct. The bail order was conditioned on compliance, with provisions for cancellation upon breach.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the charges and his criminal antecedent
  • Whether the petitioner’s undertaking and the duration of pre‑trial custody justify bail

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 109, 115(2), 118(2), 126(2), 329(3), 3(5), 351(2), 352

Subjects

  • bail
  • pre‑trial detention
  • criminal antecedent
  • Arms Act
  • assault
  • conditions of bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8050 of 2026
                      Arising Out of PS. Case No.-708 Year-2024 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Dilkhush Rai Son of Raju Rai Resident of Village- Akilpur, Ps- Dariyapur,
                 Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Singh No. I, Advocate
                 For the Opposite Party/s :       Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   13-02-2026                  Heard Mr. Ajay Kumar Singh No.I, learned counsel

                   for the petitioner and Mr. Mr.Mithlesh Kumar Khare, learned

                   counsel for the State.

                                2. The petitioner is in custody in connection with

                   Dariyapur P.S. Case No. 708 of 2024 for the offence punishable

                   under Sections 126(2), 115(2), 118(2), 109, 329(3), 352, 351(2)

                   and 3(5) of the of the B.N.S. and section 27 of the Arms Act,

                   lodged on 10.12.2024 by the informant Jitendra Rai.

                                3. As per the prosecution story, the informant alleged

                   that while at his door, allegation is that the accused persons

                   came and on the order of Suresh Rai, Dilkhush Rai (petitioner)

                   and Jyotish Rai assaulted Kamlesh Rai on the head causing

                   injury. This led to the F.I.R.

                                4. Learned counsel for the petitioner submits that he
Patna High Court CR. MISC. No.8050 of 2026(2) dt.13-02-2026
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          has already been punished by being in custody since 16.01.2025

          and undertakes not to indulge in any criminal activity, he shall

          be diligently appearing in trial without fail, if granted relief.

                       5. Learned APP opposes the prayer submitting that he

          has criminal antecedent.

                       6. Taking into account the submissions of the parties

          as also the fact he has remained in custody since 16.01.2025, an

          undertaking has been given that he shall not indulge in any

          criminal activity and he shall be diligently appearing in trial, in

          that background, this Court is inclined to extend him the

          privilege of bail with conditions.

                       7. Let the petitioner be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten thousand) with two sureties of

          like amount each to the satisfaction of learned Chief Judicial

          Magistrate, Saran at Chapra, in connection with Dariyapur P.S.

          Case No. 708 of 2024 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his bona fide;

                       (ii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive
             Patna High Court CR. MISC. No.8050 of 2026(2) dt.13-02-2026
                                                         3/3




                       dates without plausible reason will entail cancellation of his

                       bail bond by the Trial Court itself;

                                    (iii) the petitioner shall appear before the concerned

                       police station every fortnight for next six months to mark his

                       attendance and at the end of the period a certificate be submitted

                       before the Trial Court failing which the State shall be at liberty

                       to take steps for cancellation of bail bonds;

                                    (iv) the petitioner shall in no way try to induce or

                       promise or threat the witnesses or tamper with the evidences,

                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (v) the petitioner shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of his bail bonds.




                                                      (Rajiv Roy, J)
Ravi/-

U        T


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