Dilkhush Kumar @ Dilkhush Singh @ Dilkhush Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2293 of 2026 Arising Out of PS. Case No.-167 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Dilkhush Kumar @ Dilkhush Singh @ Dilkhush Kumar Singh S/O Ranjeet Singh @ Baudhu Singh Resident of village - Walipur, P.S- Pipariya, DistrictLakhisarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-03-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in Lakhisarai P.S. Case No. 167 of 2020 dated 11.03.2020, initially registered under Sections 302 and 120(B)/34 of the IPC and Section 27 of the Arms Act. Subsequently Sections 25(1-b)(a) and 26(1) of the Arms Act were also added.

3.The prosecution case, in brief, is that the petitioner has been named in the FIR as one of the three assailants who opened fire, leading to death of the father of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that there is an allegation of indiscriminate firing by the accused persons, including the

2/4 petitioner, but no specific role is attributed to him. It is further submitted that the co-accused persons, who were allegedly waiting in a vehicle at the time of the occurrence, have already been granted bail. During investigation, it has transpired that the mobile tower locations of six persons, allegedly waiting to assist the petitioner were far from the place of occurrence which casts serious doubt on the prosecution case. Learned counsel next submits that one of the FIR-named accused persons, namely Raj Nandan (son of Dhillan Singh @ Braj Nandan Singh), who was alleged to be one of the assailants, has been found to be present at Roorkee at the relevant date and time where he had been working as a Safety Officer since February, 2018 at A. India Glass Solutions Limited, Manglore Shebrera Road, Roorkee.

The police has obtained his biometric attendance records and CCTV footage corroborating his presence at Haridwar and Roorkee during the relevant period, in support of his alibi. It is, thus, submitted that three generations of a single family have been falsely implicated in the present case.

3/4 ordinate Bench of this Court vide order dated 02.11.2022 passed in Cr. Misc. No. 31601 of 2022. It is also submitted that one of the three assailants, namely Raj Nandan, has been found to be falsely implicated and the police has submitted final form in his favour. Further, co-accused Shiv Kumar Singh, who was alleged to be present at the place of occurrence sitting in a Sumo vehicle along with other named accused persons, has been granted the privilege of bail by a co-ordinate Bench of this Court vide order dated 22.12.2020 passed in Cr. Misc. No. 33881 of 2020. Similarly, co-accused Sachidanand Singh and Chandan Kumar Singh, against whom the allegation was confined to their presence in the Sumo vehicle along with others, have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 22.03.

2021 passed in Cr. Misc. No. 34286 of 2020. It is further submitted that other co-accused persons, namely Rajesh Singh, Manish Kumar, Rahul Kumar and Surya Kumar @ Sarpan Kumar, have also been granted bail by different co-ordinate Benches of this Court vide orders dated 11.01.2021, 11.01.2021, 05.04.2021 and 12.08.2021 passed in Cr. Misc. Nos. 24787 of 2020, 35275 of 2020, 41027 of 2020 and 15807 of 2021 respectively.

4/4 @ Brajnandan Singh, against whom motive was specifically attributed, has also been granted bail by a co-ordinate Bench of this Court vide order dated 02.03.2022 passed in Cr. Misc. No. 54962 of 2021. Lastly, it is submitted that the petitioner is in judicial custody since 27.11.2025 and has no criminal antecedents.

5. On the other hand, learned Additional Public Prosecutor for the State has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Lakhisarai, in connection with Lakhisarai P.S. Case No. 167 of 2020.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T