Dilip Nishad @ Dilip v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13696 of 2026 Arising Out of PS. Case No.-117 Year-2025 Thana- MATIHANI District- Begusarai ====================================================== Dilip Nishad @ Dilip S/o Jaggi Nishad R/o Village- Malhipur Bindtoli, PSChakia, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-07-2026 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Matihani P.S. Case No. 117 of 2025, instituted for the offences punishable under Sections 103(1), 238(a), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and read with Section 27 of the Arms Act.

3. The prosecution case, in short, is that the accused persons allegedly took away the informant's son, committed his murder by firearm following a dispute, and concealed the evidence by disposing of the body in a maize field.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.13696 of 2026(5) dt.14-07-2026 2/3 possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation of firing has been attributed against the petitioner rather the same is general and omnibus in nature. It is further submitted that specific allegation of firing is attributed against co-accused, namely, Pinkesh Kumar. The petitioner is in custody since 01.08.2025 and has got five criminal antecedents.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Matihani P.S. Case No. 117 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive

Patna High Court CR. MISC. No.13696 of 2026(5) dt.14-07-2026 3/3 dates without sufficient cause.

(III) The petitioner will not tamper with the evidence or the witnesses during the trial.

(IV) Petitioner shall not commit offence of similar nature in future.

(V) The petitioner shall not leave the territorial jurisdiction of the learned Court below without taking prior permission of the Court concerned.

If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T