Patna High Court
Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
The petitioner, Dilkhush Kumar, was arrested in September 2025 in connection with a violent incident alleged to have occurred on 8 July 2025, where the informant claimed the accused assaulted him with lathis, fired a bullet that missed his forehead, and destroyed his motorcycle. The petitioner sought bail, asserting that the FIR contains only a generic allegation against all accused and that he is innocent, while the prosecution highlighted specific allegations against him, the grievous nature of the injuries, and his seven prior criminal cases (though he is on bail in six). The court examined the seriousness of the offences under the Bharatiya Nyay Sanhita and the Arms Act, the petitioner’s criminal antecedents, and the arguments of both sides. Considering the circumstances, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of court attendance, non‑tampering with evidence or witnesses, and verification of his criminal record. The bail order also stipulated cancellation of the bond for non‑compliance with the conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bharatiya Nyay Sanhita and the Arms Act.
- Whether the petitioner’s prior criminal antecedents and the specific allegations against him preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 324(5), 3(5), 351, 352(2)
Subjects
- bail
- criminal antecedent
- Bharatiya Nyay Sanhita
- Arms Act
- assault
- attempted murder
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83306 of 2025
Arising Out of PS. Case No.-55 Year-2025 Thana- CHEWARA District- Sheikhpura
======================================================
Dilkhush Kumar S/O Ashok Singh R/O Village- Andauli, P.S- Chewara,
Distt.- Shiekhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
For the Informant : Mr. Devendra Prasad Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-01-2026 Heard Mr. Sheo Kumar Prasad, learned counsel for
the petitioner, Mr. Devendra Prasad Singh, learned counsel for
the Informant as well as Mr. Ahmad Ali, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.09.2025 in connection with Chewara P.S. Case No.55 of
2025, F.I.R. dated 08.07.2025 for the offences punishable under
Sections 126(2), 115(2), 109, 303(2), 324(5), 351, 352(2), 3(5)
of the Bharatiya Nyay Sanhita, 2023 and Section 27 of Arms
Act.
3. According to prosecution case, the informant
alleged that on 08.07. 2025, when he was ploughing his field, in
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the meantime, the petitioner along with other co-accused
persons, came and started abusing him and assaulted him by
means of lathi and rod, opened fire upon him with intention to
kill him, the bullet passed over his forehead. It is further alleged
that the accused persons destroyed his motorcycle also.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Although the petitioner is named in the FIR but
from bare perusal of the FIR it appears that there is no specific
allegation of assault or overt act against him rather there is
general and omnibus allegation against all the accused persons
including the petitioner and due to some petty dispute the
present occurrence has taken place and there is case and counter
case between the parties. He further submits that the police after
investigation submitted the charge sheet and the petitioner is in
custody since 12.09.2025.
5. The learned Additional Public Prosecutor and
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioner and submits that there is direct
and specific allegation against the petitioner and injury inflicted
upon the informant is grievous in nature and apart from that the
petitioner carries seven criminal antecedents other than the
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present one but fairly submits on the basis of paragraph-3 of the
bail application that the petitioner is on bail in six cases out of
seven.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M-
II, Sheikhpura in connection with Chewara P.S. Case No.55 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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