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2026 DAILYLAW 10122 (PAT)

Dilkhush Kumar v. The State of Bihar

CR. MISC./11937/2026 · 2026-02-25

Sunil Dutta Mishra

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11937 of 2026 Arising Out of PS. Case No.-131 Year-2025 Thana- Ghogha District- Bhagalpur ====================================================== Dilkhush Kumar son of Sri Chandeshwari Yadav Resident of village- Jagatpur, P.S.- Parbatta, District- Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Upadhyaya, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 25-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks regular bail in a case registered for the offence punishable under Section 309(4) of Bharatiya Nyaya Sanhita. 3. It is alleged that while informant was returning home, some unknown miscreants, on the point of gun, looted his bike. 4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the F.I.R. was lodged against unknown miscreants. On the basis of confession of co- accused Ravi Kumar, the name of the petitioner has been transpired in this case. No T.I.P. has been conducted. The charge-sheet has already been submitted after completion of Patna High Court CR. MISC. No.11937 of 2026(2) dt.25-02-2026 2/2 investigation. Similarly situated co-accused person, namely, Sintu Kumar has already been granted regular bail by a Co- ordinate Bench of this Court vide order dated 10.02.2026 passed in Cr. Misc. No. 6749 of 2026. Petitioner is in custody since 23.10.2025 having no criminal antecedent and he undertakes to co-operate in the trial. There is no chance of tampering with the evidence or absconding of the petitioner. 5. Learned A.P.P. for the State opposes the bail application of the petitioner. 6. Considering the aforesaid facts and circumstances of the case as well as the fact that charge-sheet has been submitted, similarly situated co-accused person has been granted bail, clean antecedent of the petitioner and period of custody undergone, let the above named petitioner 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 learned Additional Chief Judicial Magistrate-II, Bhagalpur/concerned Court in connection with Ghogha P.S. Case No. 131 of 2025. utkarsh/- (Sunil Dutta Mishra, J) U T