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2025 DAILYLAW 65538 (PAT)

Dilkhush Kumar v. The State of Bihar

CR. MISC./61134/2025 · 2025-09-09

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61134 of 2025 Arising Out of PS. Case No.-734 Year-2024 Thana- DARIYAPUR District- Saran ====================================================== Dilkhush Kumar S/o- Raju Ray Village- Akilpur Ps- Dariyapur Dist- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh No. I, Advocate For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 09-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Dariyapur P.S. Case No. 734 of 2024 registered for the offences under Section 292 of the BNS and Sections 25(1-b)a, 26 and 30 of the Arms Act. 3. As per prosecution case, a photograph and video of a youth went viral in which he was found brandishing country made katta, cartridges and handcuffs. Petitioner, whose photo and video went viral, was apprehended and from his possession 6 cartridges, 1 mobile phone and 1 handcuff were recovered. One motorcycle was also seized from this petitioner. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner has not committed any Patna High Court CR. MISC. No.61134 of 2025(2) dt.09-09-2025 2/3 offence. No occurrence as alleged has ever taken place. On the basis of vague and doubtful allegation, petitioner has been apprehended. Moreover, recovery from the petitioner is only of 6 cartridges. Petitioner is in custody since 24.12.2024 and charge-sheet has been submitted. Petitioner is having antecedent of six cases. 5. Learned A.P.P. opposes the submission made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of charge- sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra/concerned court in connection with Dariyapur P.S. Case No. 734 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court Patna High Court CR. MISC. No.61134 of 2025(2) dt.09-09-2025 3/3 below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. balmukund/- (Arun Kumar Jha, J) U T