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2026 DAILYLAW 9643 (PAT)

Dilip Kumar v. The State of Bihar

CR. MISC./5363/2026 · 2026-02-25

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5363 of 2026 Arising Out of PS. Case No.-472 Year-2025 Thana- BANKA District- Banka ====================================================== Dilip Kumar, Son of Puran Yadav, Resident of village - Babupur, P.S.- Jamdaha, District - Banka. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with Banka P.S. Case No. 472 of 2025 registered for the offence punishable under Sections 303(2), 111(2) and 317(2) of B.N.S. but later on Section 111(2) and 317(2) were added. 3. The case of the prosecution, in short, is that the bike of the informant was stolen by unknown miscreants. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The F.I.R. was lodged against unknown miscreants. During course of investigation, one Mithlesh Kumar has given Patna High Court CR. MISC. No.5363 of 2026(3) dt.25-02-2026 2/3 his confessional statement and the name of this petitioner has surfaced in the confessional statement of Mithlesh Kumar. It has further been submitted that save and except the confessional statement of co-accused, there is nothing against this petitioner. It has further been submitted that though bikes have been recovered from the possession of this petitioner but those bikes are of his tenants, they are not the stolen bikes. It has further been submitted that the stolen bikes was recovered from the possession of Mithlesh Kumar. It has also been submitted that similarly situated co-accused person, namely, Ankaj Kumar has been granted bail by this Court vide Cr. Misc. No. 8663 of 2026. The case of this petitioner stands on similar footing. He is having no criminal antecedent and he is languishing in judicial custody since 18.10.2025. 5. Learned APP appearing for the State has vehemently opposed the application for bail. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Patna High Court CR. MISC. No.5363 of 2026(3) dt.25-02-2026 3/3 Judicial Magistrate, Banka in connection with Banka P.S. Case No. 472 of 2025. lata/- (Ashok Kumar Pandey, J) U T