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Patna High Court

Dilip KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail on furnishing the prescribed bond and sureties.

Summary

Dilip Kumar was arrested in connection with a case alleging that he ordered his brother to kill an informant, resulting in the informant being shot in the arm. He faced multiple charges under the B.N.S., 2023 and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated, asserting that the FIR did not allege any assault by him and that he was merely an order‑giver. He had been in judicial custody since 25 September 2025 and sought bail. After hearing both sides, the High Court considered the facts and circumstances and decided to grant bail, subject to a bond of Rs.10,000 and two sureties.

Issues considered

  • Whether the petitioner, alleged to be the mastermind behind the shooting, is entitled to bail despite the seriousness of the offences charged

Legislation cited

Subjects

  • bail
  • criminal procedure
  • arms act
  • section 27
  • order giver
  • judicial custody
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87167 of 2025
                    Arising Out of PS. Case No.-248 Year-2025 Thana- NAGARNAUSA District- Nalanda
                 ======================================================
                 Dilip Kumar S/O Late Harinandan Yadav R/O Village- Moniyampur, P.S-
                 Nagarnausa, District- Nalanda

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

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

2   05-01-2026                     Heard Mr. Rakesh Singh, learned counsel for the

                   petitioner and Mr. Binod Kumar, learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Nagarnausa P.S. Case No. 248 of 2025 registered for the

                   offence punishable under Sections 190(1), 191(2), 191(3), 190,

                   126(2), 115(2), 352, 351(3) of the B.N.S., 2023 and Section 27

                   of the Arms Act.

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

                   petitioner along with others surrounded the informant and his

                   brother. The petitioner ordered his brother, namely Chandan, to

                   kill the informant, and on this, Chandan Kumar fired at the

                   informant, and the gunshot hit him in the left arm. After that, it

                   is alleged that both brothers managed to escape and

                   indiscriminate firing was made.
           Patna High Court CR. MISC. No.87167 of 2025(2) dt.05-01-2026
                                                       2/2




                                  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

                     case. Learned counsel for the petitioner has submitted that from

                     perusal of the FIR it is clear that there is no allegation of assault

                     against the petitioner. The petitioner is only the order giver. He

                     further submits that the petitioner is languishing in judicial

                     custody since 25.09.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  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

                     Additional Chief Judicial Magistrate, Hilsa, Nalanda in

                     connection with Nagarnausa P.S. Case No. 248 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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