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Patna High Court

Dipu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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