Dilkhush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63902 of 2025 Arising Out of PS. Case No.-187 Year-2025 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.
Dilkhush Kumar S/o Late Binit Singh R/o Vill- Barauni, P.S.- Deepnagar, Distt- Nalanda 2.
Kunal Singh @ Kunal Kishore S/o Ganesh Singh R/o Vill- Barauni, P.S.- Deepnagar, Distt- Nalanda 3.
Shambhu Singh S/o Ganesh Singh R/o Vill- Barauni, P.S.- Deepnagar, DisttNalanda 4.
Pankaj Kumar S/o Kamta Singh R/o Vill- Barauni, P.S.- Deepnagar, DisttNalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akhilesh Dutta Verma, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2025
1. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 329(4), 109(1), 303(2), 115(2), 126(2) and 352 of the BNS.
3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of one case and petitioners no. 2, 3 and 4 are persons with clean antecedent and the informant alleges that accused persons including the petitioners on
Patna High Court CR. MISC. No.63902 of 2025(2) dt.23-09-2025 2/3 14.05.2025 at 11:00 p.m. came when she recognized them in the light of bulb. On alarm, her husband and family members woke up when Dilkhush Kumar (petitioner no. 1) and Kunal Singh (petitioner no. 2) fired at her but she managed to save herself. Thereafter, Shambhu Singh (petitioner no. 3) caught her husband and Molu Kumar assaulted him by sword causing injury on his head and Pankaj Kumar (petitioner no. 4) snatched the chain of her mother-in-law.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that no doubt, it is alleged that Dilkhush Kumar and Kunal Singh fired but then on one was injured in the firing nor the FIR has been instituted under the Arms Act which amply demonstrates that the allegation of firing has been alleged only to give seriousness to the case. It is next submitted that specific allegation of assaulting the husband of the informant is against Molu Kumar. It is also submitted that no doubt the husband of the informant suffered grievous injury on head but then specific allegation of assaulting him is against Molu Kumar who is not the petitioner in the instant case and allegation of snatching chain is ornamental in nature.
5. Learned A.P.P. for the State and learned counsel
Patna High Court CR. MISC. No.63902 of 2025(2) dt.23-09-2025 3/3 appearing on behalf of the informant opposed the prayer for anticipatory bail of the petitioners but then are not in a position to rebut the submissions of the learned counsel appearing on behalf of the petitioners that the case has not been instituted under the Arms Act nor any one was injured in the firing and specific allegation of assaulting the husband of the informant causing grievous injury is against Molu Kumar who is not the petitioner in the instant case.
6. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Deep Nagar P.S. Case No. 187 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
(Satyavrat Verma, J) Kundan/- U T