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Patna High CourtCR. MISC./13617/2026allowed

Dinkar Kumar v. The State Of Bihar

2026-03-12Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13617 of 2026 Arising Out of PS. Case No.-426 Year-2025 Thana- BIHARIGANJ District- Madhepura ====================================================== Dinkar Kumar S/O Dhaniklal Mandal @ Daniklal Mandal R/O VillageSaraunikala, P.S- Bihariganj, Distt.- Madhepura (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Anand, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 126(2), 115(2), 109(1), 307 & 3(5) of the BNS and under Sections 25 (1-B)(a), 26, 35 & 37 of the Arms Act.

3. The case of the prosecution, in short, is that the informant left his home on his bike to attend fair. On the way, near the electric agricultural transformer on the western side of Laxmipur canal, six persons were there on bikes without number plate. As soon as the informant and his friend Jasveer Mukhia reached there, the accused persons pointed weapons on them and also demanded the mobile, bike and cash. On being resisted, all the accused persons started assaulting the informant and his friend and their mobile phones were snatched by the

Patna High Court CR. MISC. No.13617 of 2026(2) dt.12-03-2026 2/3 accused persons. Seeing this, the locals gathered their and this petitioner was apprehended and was handed over to police along with a country made pistol, a live cartridge and a mobile phone.

4. Learned counsel for the petitioner submits that at the place of occurrence many persons have gathered and this petitioner was apprehended by the informant and not by the police and recovery has also not been made by the police rather the informant has recovered the alleged articles from the possession of this petitioner and has handed over it to the police. Learned counsel for the petitioner has submitted that the petitioner has been framed in this case but nothing has been recovered from his possession. Learned counsel for the petitioner has submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 01.10.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihariganj P.S. Case No. 426 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.13617 of 2026(2) dt.12-03-2026 3/3 S.D.J.M., Udakishunganj (Madhepura).

(Ashok Kumar Pandey, J) durgesh/- U T