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Patna High Court

Dilan Kumar @ Dilan DasversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioners subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, seven residents of Bakarchak village, applied for bail after being implicated in a case registered under Sections 147, 341, 323, 379, 504, 506 and 34 of the Indian Penal Code for allegedly demanding extortion of Rs.20‑25 thousand and assaulting an informant and his brother. They contended that the allegations stem from a land dispute, that they are innocent, that the FIR was lodged two days late without any injury report, and that no incriminating material was found in their possession. The State opposed bail, arguing the seriousness of the offences. The Court examined the nature of the allegations, the delay in filing the FIR, the bailable character of most sections, and the lack of material evidence, and concluded that bail could be granted subject to conditions. Accordingly, the petitioners were ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether bail should be granted to the petitioners pending trial for offences under Sections 147, 341, 323, 379, 504, 506 and 34 IPC
  • Whether the alleged offences, particularly Section 379 IPC, render the case non‑bailable
  • Whether the delay in lodging the FIR and absence of injury report justify granting bail
  • Whether the petitioners are likely to tamper with evidence or flee

Legislation cited

Subjects

  • bail
  • extortion
  • assault
  • land dispute
  • false implication
  • Indian Penal Code
  • Section 482
  • criminal procedure
  • bailable offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11016 of 2026
                      Arising Out of PS. Case No.-366 Year-2023 Thana- GAURICHAK District- Patna
                 ======================================================
           1.     Dilan Kumar @ Dilan Das Son of Ramesh Das Resident of village-
                  Bakarchak, Alawalpur, Ps- Gaurichak, Dist- Patna
           2.    Rahul Kumar son of Akhilesh Mochi Resident of village- Bakarchak,
                 Alawalpur, Ps- Gaurichak, Dist- Patna
           3.    Sudhir Kumar Son of Akhilesh Mochi Resident of village- Bakarchak,
                 Alawalpur, Ps- Gaurichak, Dist- Patna
           4.    Jethu Ravidas Son of Gariban Das Resident of village- Bakarchak,
                 Alawalpur, Ps- Gaurichak, Dist- Patna
           5.    Nitish Das Son of Jethu Das Resident of village- Bakarchak, Alawalpur, Ps-
                 Gaurichak, Dist- Patna
           6.    Dinesh Das Son of Jiwan Das Resident of village- Bakarchak, Alawalpur,
                 Ps- Gaurichak, Dist- Patna
           7.    Munna Das Son of Jethu Das Resident of village- Bakarchak, Alawalpur, Ps-
                 Gaurichak, Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanju Singh, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   22-04-2026                        Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 147, 341, 323, 379, 504, 506 and 34 of

                   the Indian Penal Code.

                                3. As per the prosecution case, all the accused persons

                   including the petitioners demanded extortion of Rs. 20-25
Patna High Court CR. MISC. No.11016 of 2026(3) dt.22-04-2026
                                            2/3




          thousand from the informant. The accused persons surrounded

          the informant and his brother and assaulted them.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in the

          present case. Further submission is that petitioners and

          informant are neighbours and due to land dispute, there was

          fight between them. All the sections are bailable in nature,

          except Section 379 of I.P.C., which is not made out against the

          petitioners. No incriminating material has been recovered from

          the conscious possession of the petitioners. The present case is

          counterblast of Gaurichak P.S. Case No. 04 of 2022 and other

          cases. He also submits that total 26 persons have been named in

          this case, which was lodged with delay of two days, without any

          plausible explanation. There is no injury report on the record.

          Petitioners undertake to cooperate in the investigation and trial.

                          5. Learned A.P.P. appearing on behalf of the State

          opposed the bail application.

                          6. Having considered the facts and circumstances

          of the case, submissions of learned counsel for the parties,

          nature of allegation and delay in lodging the F.I.R., let the above

          named petitioners be released on bail, in the event of arrest or

          surrender before the learned court below within a period of six
            Patna High Court CR. MISC. No.11016 of 2026(3) dt.22-04-2026
                                                        3/3




                      weeks from today, on furnishing bail bonds of Rs.10,000/-

                      (Rupees Ten Thousand) each with two sureties of the like

                      amount each to the satisfaction of learned Additional Chief

                      Judicial Magistrate-II, Patna City in connection with Gaurichak

                      P.S. Case No. 366 of 2023, subject to the conditions as laid

                      down under Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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