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2025 Supreme(Online)(Pat) 2889

PATNA HIGH COURT
ARUN KUMAR JHA, J
Dilkhush Kumar Singh @ Dilkhush Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.84458 of 2025 | PS. Case No.-347 Year-2023



Advocates:
For the Petitioner/s: Mr. Amit Kumar
For the Respondents: Mr. Bharat Bhushan, APP, Mr. Dewendra Narayan Singh

The judgment emphasizes the importance of evidence credibility and bail conditions amid serious allegations.

Headnote:The case involves bail considerations for the petitioner accused in Rivilganj P.S. Case No. 347 of 2023 for alleged serious offenses. The facts surrounding a land dispute are key; the court provides a detailed assessment of the prosecution's claims and defenses presented by the petitioner. The court ultimately grants bail, underscoring the balance of evidence and custody period considerations.

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 10-12-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Informant.

2. In the present case, the petitioner seeks bail in connection with Rivilganj P.S. Case No. 347 of 2023, registered for the alleged offences under Sections 341 , 323, 324, 307 of the Indian Penal Code and Sections 27 /35 of the Arms Act . 3. As per prosecution case, in the background of land dispute, the petitioner shot at the informant in his temple and the bullet exited from the cheek.

4. The learned counsel for the petitioner submits that the prosecution case is completely false and concocted. The petitioner sides and the informant sides are having long standing land dispute and Rivilganj P.S. Case No. 346 of 2023 pursuant to the same occurrence has been lodged prior to the present case injury by the brother of the informant of this case. The present case is afterthought and filed as a defence. The prosecution story of assault and firearm injury is entirely fabricated. The informant has not suffered any firearm injury and the supplementary injury report of Sadar Hospital also certifies this fact. The petitioner is 25 years old student, who is pursuing his study and preparing for competitive examination. The petitioner is having antecedent of three cases and he is on bail in all such cases. The petitioner is in custody since 29.08.2025 and charge sheet has been submitted.

5. Learned APP as well as learned counsel appearing on behalf of the petitioner vehemently oppose the submission made on behalf the petitioner. The learned counsel for the informant submits that treatment of the informant at PMCH shows a entry wound has been found, but the learned counsel concedes that no exit wound has been mentioned. The learned the firing made by this petitioner as the same exited from the spot.

6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the counter version and further considering the doubtful nature of injuries and also considering the period of custody of the petitioner and submission of charge sheet, the petitioner is directed to 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 A.D.J-XIII, Saran at Chapra/court concerned, in connection with Rivilganj P.S. Case No. 347 of 2023, subject to the conditions mentioned in Section

480 (3) of BNSS and also the 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 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.

(Arun Kumar Jha, J)

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