Dilkhush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43366 of 2026 Arising Out of PS. Case No.-648 Year-2025 Thana- SUPAUL District- Supaul ====================================================== Dilkhush Kumar S/o Sachendra Yadav @ Sachen Yadav R/o Village - Majarhat, Ward No. 7, P.S - Singheshwar, District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar For the Opposite Party/s :
Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 06.01.2026 in connection with Supaul P.S. Case No. 648 of 2025 for the offence punishable under Section 309(4) of B.N.S.
3. The case of the prosecution in brief is that on 30.12.2025 at 9:30 PM in night the informant was going to his house by motorcycle, in the way one car blocked his motorcycle. Three accused persons came and on the point of pistol brought him in car and look his mobile, cash Rs. 15,000/-, silver kara, cap, etc. and thrown him from car. Informant came near his motorcycle and came at police station.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case on the basis of the confessional statement of the co-accused person, namely, Anmol Kumar and nothing has been recovered from the conscious possession of the petitioner or from the house of the
Patna High Court CR. MISC. No.43366 of 2026(2) dt.07-07-2026 2/3 petitioner. It is next submitted that no TIP has been conducted by the prosecution. Learned counsel for the petitioner next submits that the co-accused person, namely, Anmol Kumar who has confessed the name of the petitioner has been granted bail vide order dated 23.06.2026 passed in Criminal Miscellaneous No. 40204 of 2026 passed by a Co-ordinate Bench of this Court and another co-accused person, namely, Ashish Kumar has been granted bail vide order dated 19.06.2026 passed in Criminal Miscellaneous No.38191 of 2026 passed by a Co-ordinate Bench of this Court. Learned counsel for the petitioner next submits that police after investigation has submitted chargesheet and petitioner is in custody since 06.01.2026.
5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner was involved in the present crime in question. Apart from that petitioner has antecedent of two cases other than the present case but fairly submits that petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M.,
Patna High Court CR. MISC. No.43366 of 2026(2) dt.07-07-2026 3/3 Supaul in connection with Supaul P.S. Case No. 648 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Gaurav Sinha/- U T