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Patna High Court

Dilkhush KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Dilkhush Kumar, was arrested in connection with a case registered under multiple sections of the B.N.S for alleged participation in a mob assault on an informant with an iron rod. He contended that he was falsely implicated, had no criminal antecedent, and that no overt act could be attributed to him. The prosecution argued that he was a member of the mob and bore responsibility for the assault. The petitioner’s counsel highlighted that a co‑accused had already been granted bail and emphasized the petitioner’s prolonged judicial custody since 22‑06‑2025. After hearing both sides, the Court found the petitioner’s case to be on a better footing and decided to enlarge him on bail. Accordingly, bail was granted on a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the District and Additional Sessions Judge‑IV, Madhepura.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences under the B.N.S.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

  • B.N.S. — s. 103(1), 109, 115(2), 118(2), 126(2), 190, 191(2), 193(3), 303(2)

Subjects

  • bail
  • criminal procedure
  • mob assault
  • B.N.S sections
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86327 of 2025
                  Arising Out of PS. Case No.-1138 Year-2024 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Dilkhush Kumar, S/o Raben Yadav @ Rabindra Yadav, R/o Village-
                 Jibachhapur, Ward No.07, P.S- Madhepura, Dist- Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Rupesh Kumar, Advocate
                 For the Opposite Party/s :     Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Madhepura (Bharrahi) P.S. Case No.1138 of 2024

                   registered for the offence punishable under Sections 191(2),

                   193(3), 190, 126(2), 115(2), 118(2), 109, 303(2) of B.N.S and

                   further Section 103(1) of B.N.S. has been added.

                                3. The case of the prosecution, in short, is that the

                   petitioner is a member of mob and two members of the mob,

                   namely, Ashok Yadav and Shankar Yadav have assaulted the

                   informant with iron rod.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
             Patna High Court CR. MISC. No.86327 of 2025(2) dt.19-01-2026
                                                         2/2




                       case. There is no allegation of any overt act against him. There

                       is also a counter version of this case. It has further been

                       submitted that co-accused Ashok Yadav has been granted bail by

                       learned Co-ordinate Bench vide Cr. Misc. No. 28466 of 2025.

                       The case of this petitioner stands on better footing. He is having

                       no criminal antecedent and he is languishing in judicial custody

                       since 22.06.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned District

                       and Additional Sessions Judge-IV, Madhepura in connection

                       with Madhepura (Bharrahi ) P.S. Case No. 1138 of 2024.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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