Patna High Court
Dipesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Indian Penal Code — s. 307, 326(A)
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
Checking your session…