Patna High Court
Dinesh Kumar Pandey @ Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Dinesh Kumar Pandey, sought bail for offences under Sections 126(2), 115(2), 123 and 309 of the Bharatiya Nyay Sanhita, 2023, arising from a truck robbery case (PS Akbarpur Case No. 432 of 2025). The prosecution opposed bail, citing a prior criminal antecedent and the seriousness of the charges. The petitioner argued that he was falsely implicated, not named in the FIR, and that his involvement was based solely on a co‑accused’s statement. The court examined the bail application, the petitioner’s custody since 3 December 2025, and the conditions imposed on a co‑accused who had already been granted bail. Considering the circumstances, the court ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of trial cooperation, non‑tampering with evidence or witnesses, and verification of any concealed criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nyay Sanhita for the alleged offences.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
- What conditions, if any, should be imposed on the grant of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 115(2), 123, 126(2), 309
Subjects
- bail
- criminal antecedent
- Bharatiya Nyay Sanhita
- Sections 126(2)
- Section 115(2)
- Section 123
- Section 309
- trial cooperation
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18414 of 2026
Arising Out of PS. Case No.-432 Year-2025 Thana- AKBARPUR District- Nawada
======================================================
Dinesh Kumar Pandey @ Dinesh Kumar S/o- Late Kashi Nath Pandey
Village- Balidin, Pandey Tola, Dist- Bokaro Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajkumar Mishra, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Rajkumar Mishra, learned counsel for
the petitioner as well as Mr. Prem Kumar Jha, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.12.2025 in connection with Akabarpur P.S. Case No. 432 of
2025, F.I.R. dated 05.09.2025 for the offences punishable under
Sections 126(2), 115(2), 123, 309 of the Bharatiya Nyay
Sanhita, 2023.
3. According to prosecution case, three unknon
miscreants have looted the truck of the informant having
registration no.WB23C4975 which was carrying edible oil.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the FIR and his name
Patna High Court CR. MISC. No.18414 of 2026(2) dt.24-03-2026
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transpired on the basis of disclosure made by co-accused,
namely, Md. Tayeb @ Mohammad Taiyav, who has been
granted the privilege of bail by co-ordinate Bench of this Court
vide order dated 10.03.2026 in Cr. Misc. No. 12457 of 2026 and
the petitioner is in custody since 03.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one criminal antecedent other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Nawada in connection with Akabarpur P.S.
Case No. 432 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.18414 of 2026(2) dt.24-03-2026
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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