Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- B.N.S., 2023 — s. 115(2), 126(2), 190, 190(1), 191(2), 191(3), 351(3), 352
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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