Patna High Court
Dipak SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with conditions, finding no sufficient ground to deny bail.
Summary
Dipak Sah was arrested on 23-12-2025 in connection with a mob assault on police officers during an incident at Mahinathpur, alleged under multiple sections of the Bihar Police Act, 2023 and the Arms Act. The prosecution’s FIR, based on CCTV footage, claims the petitioner instigated the mob that attacked Constable Raju Kumar Ram, leading to injuries and discharge of a firearm. The petitioner contended that the FIR is fabricated, he is not named in it, and the CCTV only shows his presence without any overt act of assault. He highlighted that several co‑accused have already been granted anticipatory or regular bail in related matters. The court, noting the lack of specific allegation against the petitioner and the precedent of bail to co‑accused, ordered his release on bail subject to monetary surety and conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under the Bihar Police Act and Arms Act.
- Whether the mere presence in CCTV footage without a specific allegation suffices to deny bail.
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- criminal procedure
- mob assault
- police
- Arms Act
- fabricated FIR
- CCTV evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19532 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Dipak Sah S/o Surendra Sah R/o vill- Mahinathpur, ward no. 7, P.S.-
Basopatti, Distt.- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
: Mr. Archna Aanand, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.12.2025 in connection with Basopatti P.S. Case No. 172 of
2025 for the offences punishable under Sections 191(1), 191(2),
190, 126(2), 115(2), 118(1), 109, 303(2), 132, 121(1), 121(2),
352 and 351(2) of BNS, 2023 and Section 27 of Arms Act.
3. The prosecution story, in brief, is that the informant
who is SSB police lodged FIR alleging therein that on
23.07.2025 he alongwith other staff was posted at Mahinathpur
check post and at about 10 AM one person, namely, Bharat
Paswan was crossing Indian territory to Nepal with a sack
containing manure and he was intercepted by police Raju Kumar
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Ram and there was hot talk between them and said Bharat
Paswan called his villager as a result one Mohan Paswan was
leading mob in which mob came and they started assaulting Raju
Kumar Ram mob because aggressive and amongst the mob
someone fired and mobs assaulted Raju Kumar Ram with rock
on head and slapped and objected in discharging public duty.
Constable Raju Kumar Ram in his defence fired rifle as a result
of which mob scattered and informant along with other constable
were started going to hospital for treatment of Raju Kumar and
in the way at Mahinathpur village in the narrow passage Ward
No. 6 mob started assaulting and got him fell down and one co-
accused Surendra Raut tried to snatch rifle of Raju Kumar Ram
and mob fired which hit left hand and one villagers also
sustained fire injury who was Bharat Paswan. On the basis of
CCTV, accused were identified and lastly said that apart from it,
mob was instigated by 1. Rakesh Sah (petitioner) Shyam
Chaudhary and Upendra Paswan (who is Ration dealer).
4. Learned counsel for the petitioner submits that the
allegation as alleged in the FIR is forged and fabricated and the
petitioner has not committed any offence as alleged in the FIR. It
is next submitted that petitioner is not named in the FIR and the
name of the petitioner has transpired during the investigation on
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the basis of CCTV camera footage. It is next submitted that
although the petitioner is seen in the CCTV camera footage but
there is no specific allegation of assault or overt act rather there
is general and omnibus allegation against the accused persons
including the petitioner and for the same set of allegation, co-
accused persons Bharat Paswan has been granted anticipatory
bail vide order dated 23.12.2025 passed in Cr. Misc. No. 82088
of 2025, Raju Paswan, Satya Narayan Paswan, Shatrughan
Paswan have been granted anticipatory bail vide order dated
24.11.2025 passed in Cr. Misc. No. 74796 of 2025, Rakesh
Kumar Sah has been granted regular bail vide order dated
03.12.2025 passed in Cr. Misc. No. 67695 of 2025, Dinesh
Paswan has been granted regular bail vide order dated
22.12.2025 passed in Cr. Misc. No. 74360 of 2025 and Surendra
Raut has been granted regular vide order dated 12.02.2026
passed in Cr. Misc. No. 5670 of 2026.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner and submits that the petitioner has
antecedent of one case other than the present case but fairly
submits that the petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances
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and the fact that for the same set of allegation, co-accused
persons Bharat Paswan has been granted anticipatory bail vide
order dated 23.12.2025 passed in Cr. Misc. No. 82088 of 2025,
Raju Paswan, Satya Narayan Paswan, Shatrughan Paswan have
been granted anticipatory bail vide order dated 24.11.2025
passed in Cr. Misc. No. 74796 of 2025, Rakesh Kumar Sah has
been granted regular bail vide order dated 03.12.2025 passed in
Cr. Misc. No. 67695 of 2025, Dinesh Paswan has been granted
regular bail vide order dated 22.12.2025 passed in Cr. Misc. No.
74360 of 2025 and Surendra Raut has been granted regular vide
order dated 12.02.2026 passed in Cr. Misc. No. 5670 of 2026. 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 Court of
Judicial Magistrate-1st Class, Madhubani in connection with
Basopatti P.S. Case No. 172 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 canceled by the Court below.
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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)
Gaurav Sinha/-
U T
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