Patna High Court
Dipen Kumar @ Krishna @ Dipen KrishnaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied as the court was not convinced that the petitioner warranted such relief given the seriousness of the allegations and his pending criminal history.
Summary
The petitioner, Dipen Kumar, sought anticipatory bail in a case (Barahiya P.S. Case No. 23 of 2025) where he was accused of assaulting an informant with a pistol, leading to injuries. The FIR alleged offences under Sections 126(2), 115, 109(1), 303(2), 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The petitioner claimed innocence, argued lack of specific allegations, and contended that the charges were politically motivated, noting that most of the offences were bailable except Section 109(1). The State opposed bail, highlighting four pending criminal cases against the petitioner and asserting a specific allegation. The Court, after considering the circumstances, declined to grant anticipatory bail, directing that if the petitioner surrenders within six weeks, the trial court should decide his bail application on merits without prejudice.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 in view of the nature of the offences and pending criminal cases.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115, 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- bailable offences
- political victimisation
- pending criminal cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24037 of 2026
Arising Out of PS. Case No.-23 Year-2025 Thana- BARHIYA District- Lakhisarai
======================================================
Dipen Kumar @ Krishna @ Dipen Krishna S/O Mritynujay Kumar Singh @
Rajeev Singh R/O Village - Barhaiya, ward No.- 6, P.S- Barhaiya, Dist-
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabindra Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 03-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner is apprehending arrest in connection
with Barahiya P.S. Case No. 23 of 2025, dated 07.02.2025,
lodged under Sections 126(2), 115, 109(1), 303(2), 352, 351(2)
& 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred
to as “BNS, 2023”), pending before the Court of A.C.J.M.-I,
Lakhisarai.
4. As per the prosecution, FIR has been lodged against
six named accused persons, including the present petitioner,
with the allegation that the petitioner assaulted the informant
Patna High Court CR. MISC. No.24037 of 2026(3) dt.03-06-2026
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with the butt of a pistol, due to which blood oozed from his head
and he fell down.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that there is no specific allegation against the
petitioner. Counsel further submits that the petitioner has been
implicated in this case due to village politics. Counsel further
submits that all the sections are bailable except Section 109(1)
of the BNS, 2023. Counsel further submits that the antecedent
of the petitioner is not clean, as four criminal cases are pending
against him.
6. Learned APP for the State vehemently opposes the
prayer for bail of the petitioner and submits that four criminal
cases are pending against the petitioner and there is a specific
allegation against him.
7. Considering the facts and circumstances of the
present case, this Court is not inclined to grant anticipatory bail
to the petitioner. Accordingly, the prayer for anticipatory bail of
the petitioner is hereby rejected.
8. Liberty is hereby granted to the petitioner that if he
surrenders within six weeks, the Trial Court is directed to pass
order on his surrender-cum-bail application on the same day
Patna High Court CR. MISC. No.24037 of 2026(3) dt.03-06-2026
3/3
without being prejudiced by the fact that the anticipatory bail
application of the petitioner has been rejected by this Court, and
the Trial Court shall pass an order on the merits of the case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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