Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68716 of 2025 Arising Out of PS. Case No.-561 Year-2025 Thana- BIHTA District- Patna ====================================================== Dilip Kumar S/O Narendra Kumar Vinay R/O Village- Jafra Bhagwanpur, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bihta P.S. Case No. 561 of 2025 instituted for the offences under Section 111 of the B.N.S., 2023 and Sections 25(1-b)(a), 26/35 of the Arms Act.

3. As per prosecution case, the police has recovered five live cartridges along with one mobile of Motorola company from the possession of the petitioner. The police has also recovered cartridges from the possession of co-accused Sonu Kumar and Sumit Kumar. It is alleged that total sixty cartridges, one scooty and two mobiles were recovered in this case.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.68716 of 2025(2) dt.25-09-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. He further submits that the recovered mobile of Motorola company having SIM no. 9939624305 belongs to the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has also no concern with the alleged recovered cartridges. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 15.07.2025 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two

Patna High Court CR. MISC. No.68716 of 2025(2) dt.25-09-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bihta P.S. Case No. 561 of 2025.

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