Patna High Court
Dilip Patel @ Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners subject to statutory conditions.
Summary
The petitioners, Dilip Patel and Ram Janam Mukhiya, sought anticipatory bail fearing arrest in connection with a police case (No. 493 of 2025) involving multiple offences under the Bharatiya Nagarik Suraksha Sanhita. They claimed innocence, alleging false implication due to political rivalry and highlighted their clean antecedents and that the injury report was pending. The State opposed the bail, citing serious allegations of assault and extortion against the informant. The Court observed that no grievous injury was recorded, the petitioners had no prior criminal record, and therefore granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS, including cooperation with investigation and verification of antecedents. The bail bond was set at Rs.10,000 with two sureties, and the Court directed prompt verification of any concealed criminal antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 BNS despite the serious allegations.
- Whether the pending injury report and alleged assault justify denial of bail.
- Whether the petitioners' clean antecedent and political rivalry claim affect the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 118(1), 126(2), 127(2), 190, 191(2), 191(3), 303(2), 308(2)
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- political rivalry
- clean antecedent
- injury report
- Bharatiya Nagarik Suraksha Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- East Champaran
- Police case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23131 of 2026
Arising Out of PS. Case No.-493 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
1. Dilip Patel @ Dilip Kumar Son of Khedan Ram @ Khedan Raut Resident
Of Village- Barkagaon , PS - Pakaridyal, Dist- East Champaran
2. Ram Janam Mukhiya @ Abhiraj Son of Yogendra Mukhiya Resident Of
Village- Sishani , PS - Pakaridyal, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Pakaridayal P.S. Case No. 493 of 2025, registered for the
offences punishable under Section 191(2), 191(3), 190, 126(2),
115(2), 127(2), 308(2), 109(1), 118(1), 303(2) of BNS.
3. The learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated
due to political rivalry. They are the persons of clean antecedent.
He has further submitted that the injury report is reserved.
4. On the other hand, the learned APP for the State has
opposed the prayer for bail.
Patna High Court CR. MISC. No.23131 of 2026(3) dt.06-05-2026
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5. There is allegation against all the named accused
persons in the FIR as well as against unknown persons of
having surrounded the informant and threatened for extortion of
money. Specific allegation against the petitioner Dilip Patel is of
taking the informant down from his motorcycle and specific
allegation against Ram Janam Mukhiya is of assaulting with the
butt of the pistol on the head of the informant. However, the
injury report is reserved. Considering the fact that there is
nothing on the record to suggest that any grievous injury was
sustained by the informant and further giving the fact that both
the petitioners have clean antecedents, I am inclined to grant
privilege of anticipatory bail to the petitioners.
6. Let the petitioners, as named above, in the event of
their arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned Additional Chief Judicial Magistrate,
East Champaran, Motihari in connection with Pakaridayal P.S.
Case No. 493 of 2025, subject to the conditions laid down under
section 438(2) of the Code of Criminal Procedure/Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and
subject to further condition that :-
Patna High Court CR. MISC. No.23131 of 2026(3) dt.06-05-2026
3/3
(i) The petitioners shall co-operate in the
investigation/ trial.
(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioners and in case it is found
that the petitioners have concealed their criminal antecedent, the
Court below shall take step for cancellation of bail bond of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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