Patna High Court
Dipu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to monetary and procedural conditions.
Summary
The petitioner, Dipu Kumar, was arrested in connection with a case under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, alleging that unknown miscreants looted a motorcycle at gunpoint. He was not named in the FIR; his alleged involvement stems solely from the confessional statements of co‑accused persons, and no looted articles were recovered from his possession. The petitioner argued that he was falsely implicated, that no third information report had been conducted, and highlighted his five prior criminal antecedents and prolonged custody since 13 May 2025. The State opposed bail, citing the seriousness of the offence and the petitioner’s criminal record. Considering the lack of direct evidence, the absence of a charge sheet, and the period of custody, the Court granted bail subject to a bond of Rs.15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted when the accused is implicated solely through co‑accused confessional statements and not named in the FIR
- Whether the petitioner’s prior criminal antecedents and period of custody justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- confessional statements
- co‑accused
- prior antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13023 of 2026
Arising Out of PS. Case No.-304 Year-2024 Thana- HALSI District- Lakhisarai
======================================================
Dipu Kumar S/o Govind Chowdhary R/o Village - Itpakwa, P.S - Kauwakol,
District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrendra Kumar, Advocate
For the Opposite Party/s : Mr.Shantanu Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Halsi
P.S. Case No. 304 of 2024 instituted for the offences under
Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that, some unknown
miscreants intercepted the informant and looted his motorcycle
on the point of pistol.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case on the basis of confessional statement of
the co-accused persons. No incriminating/looted article has been
recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.13023 of 2026(2) dt.25-02-2026
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Learned counsel further submitted that petitioner has got no
concern with the looted articles. Learned counsel further
submitted that T.I.P. has not been conducted till date to ascertain
the involvement of the petitioner in the alleged offence. Learned
counsel for the petitioner further submits that other co-accused
has been granted bail by this Bench vide order dated 21.11.2025
passed in Cr. Misc. No. 80020 of 2025. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
13.05.2025 and has five criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Halsi P.S. Case No. 304 of 2024,
subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
Patna High Court CR. MISC. No.13023 of 2026(2) dt.25-02-2026
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(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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