Patna High Court
Dilip SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 126(2), 3(5), 351(2), 352
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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