Patna High Court
Dilkhush RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
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
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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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