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Patna High Court

Dilip SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that regular bail could not be granted to the petitioner given the serious and direct nature of the allegations.

Summary

The petitioner, Dilip Singh, was arrested in connection with a FIR alleging that he shot and killed a person, charging him under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He applied for regular bail, arguing that he had been in custody since 10 February 2025. The court examined the serious nature of the allegations, the direct involvement of the petitioner as the alleged assailant, and the material evidence on record. Considering the gravity of the offences and the prima facie case against him, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected, with a direction that the petitioner may reapply if the trial is delayed.

Issues considered

  • Whether regular bail should be granted to the petitioner in a case involving murder and firearms offences.

Legislation cited

Subjects

  • regular bail
  • murder
  • firearms
  • serious offence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91490 of 2025
                  Arising Out of PS. Case No.-95 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
                 ======================================================
                 Dilip Singh S/o Late Bhaju Ram Singh R/o Village - Tarhani, P.S - Sonhan,
                 District - Kaimur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Kumar
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh
                                                  Mr. Ashok Kumar Singh
                                                  Mr. Abhishek Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   30-03-2026                  Heard the learned counsel for the petitioner, the

                   learned APP for the State, and the learned counsel for the

                   informant.

                                2. The petitioner seeks regular bail in connection with

                   Bhabhua P.S. Case No. 95 of 2025 registered for the offence

                   under Sections 126(2), 115(2), 109, 103(1), 352, 351(2), 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms

                   Act.

                                3. The petitioner is named in the FIR. It is alleged that

                   he fired upon the deceased, who died on the spot due to a

                   gunshot injury.

                                4. The petitioner is the assailant of the deceased and is

                   in custody since 10.02.2025. There is a direct and specific
            Patna High Court CR. MISC. No.91490 of 2025(5) dt.30-03-2026
                                                        2/2




                      allegation against the petitioner which are serious and grave in

                      nature.

                                   6. I have considered the submissions of the parties and

                      have gone through the records of the case. Considering the

                      direct allegation against the petitioner and the materials

                      available on record, this Court is not inclined to grant regular

                      bail to the petitioner.

                                   7. Accordingly, this application for regular bail stands

                      rejected. If the trial is delayed by the prosecution, the petitioner

                      may renew his prayer for bail.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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