Patna High Court
Dipak Kumar @ Dipak Kumar Yadav @ Dipak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail in the case.
Summary
The petitioner, Dipak Kumar, was arrested in a case registered under Sections 309(6) and 317(iii) of the B.N.S. for alleged involvement in a robbery where four unknown miscreants stole a bike key, mobile, smartwatch, cash and a helmet from an informant. The FIR named unknown persons, but the investigation revealed that the petitioner had sold the stolen smartwatch to co‑accused Subodh Kumar, with no other incriminating evidence against him. The petitioner claimed he was falsely implicated and had been in custody since 13‑05‑2025, while the State highlighted his four prior criminal cases and opposed bail. The court examined the paucity of direct evidence, the fact that the co‑accused had already been granted bail, and the principle that bail should not be denied merely on antecedents. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties. The bail order was directed to be complied with by the Chief Judicial Magistrate, Saran at Chapra.
Issues considered
- What is the applicability of regular bail to the petitioner given the alleged involvement in theft and prior criminal antecedents?
Legislation cited
- B.N.S. — s. 309(6), 317(iii)
Subjects
- regular bail
- theft
- sale of stolen property
- criminal antecedent
- B.N.S.
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 19608 of 2026
Arising Out of PS. Case No.-263 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Dipak Kumar @ Dipak Kumar Yadav @ Dipak Kumar Singh, Son of
Bheneshwer Yadav @ Muneshwer Yadav, R/o village - Purab Tola Silhauri,
P.S.- Marhaura/ Madhaurah/ Marhawrah, Dist.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 309(6) &
317 (iii) of the B.N.S.
3. The case of the prosecution is that four unknown
miscreants stopped the informant, took away key of his bike,
assaulted him and after that all the miscreants took away
mobile, smartwatch and Rs.2,000/- cash and helmet.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. The FIR was lodged
against unknown miscreants. During investigation, it has come
Patna High Court CR. MISC. No. 19608 of 2026(2) dt.10-04-2026
2/2
that the petitioner has sold the stolen smartwatch to co-accused
Subodh Kumar. Save and except this, there is nothing against
the petitioner. It has further been submitted that co-accused
Subodh Kumar has been granted bail by this Court vide Cr.
Misc. No. 76464 of 2025. Petitioner is in custody since
13.05.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer of bail to the petitioner and
has submitted that the petitioner is having criminal antecedent
of four cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Marhowrah/ Marhaura P.S. Case No. 263 of 2025 on furnishing
bail bond of Rs.10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Saran at Chapra.
(Ashok Kumar Pandey, J)
lata/-
U T
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