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Patna High Court

Dipesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail application was rejected.

Summary

The petitioner, Dipesh Kumar, was accused in a case registered under Sections 326(A) and 307 of the Indian Penal Code for allegedly throwing petrol and an ignited matchstick on an informant, causing grievous burns. The petitioner sought anticipatory bail, claiming he was falsely implicated due to prior enmities and asserting a clean antecedent. The prosecution argued that the FIR specifically alleged the petitioner’s intention to cause death, noting the severity of the injuries and the lack of a thumb impression by the informant. The court considered the specificity of the allegations and the seriousness of the offences. Consequently, the court rejected the petitioner's anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offences under Sections 326(A) and 307 IPC

Legislation cited

Subjects

  • anticipatory bail
  • attempt to murder
  • grievous hurt
  • IPC
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15247 of 2025
                     Arising Out of PS. Case No.-404 Year-2023 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Dipesh Kumar, S/o- Late Nand Lal Sahni, Resident of Village- Chak Bazo,
                 P.S- Saraiya, District- Muzaffarpur.           ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajeev Ranjan No. Ii, Advocate
                 For the Opposite Party/s :        Mr.Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   19-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with Saraiya P.S. Case No. 404 of 2023 registered for

                   the offences punishable under Sections 326(A), 307 of the Indian

                   Penal Code.

                                3. The allegation against the petitioner is to throw petrol

                   on the informant/injured from plastic container and, thereafter,

                   throw ignited matchstick, as a result of which he sustained

                   grievous burn injury on his whole body and, thereafter, he was

                   shifted to SKMCH Hospital, Muzaffarpur and finally to a private

                   hospital, where the statement of the informant was recorded,

                   which is the basis of the FIR.

                                4. It is submitted by learned counsel appearing on
            Patna High Court CR. MISC. No.15247 of 2025(3) dt.19-01-2026
                                                        2/2




                      behalf of the petitioner that despite of repeated directions of this

                      Court also of learned trial court, the I.O. of this case could not

                      produce the injury report of the informant/injured. It is submitted

                      that petitioner implicated with this case falsely due to previous

                      enmities/land disputes. While concluding argument, it is pointed

                      out that petitioner is a man of clean antecedent.

                                   5. Learned APP while opposing the prayer of

                      anticipatory bail submitted that the allegation to throw ignited

                      matchstick is specifically available against this petitioner after

                      throwing petrol and upon perusal of FIR itself, it appears that the

                      informant received severe burn injury throughout his body and he

                      was not even in position to put his thumb impression on FIR. It is

                      submitted that in view of allegation available through FIR, prima

                      facie it appears that petitioner was under “intention to cause

                      death” of the informant.

                                   6. In view of aforesaid factual submissions and by

                      taking note of fact as the allegation qua causing burn injury is

                      specific against petitioner, accordingly the prayer of anticipatory

                      bail of the petitioner stands rejected.




                                                      (Chandra Shekhar Jha, J)
veena/-
U       T


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