Patna High Court
Dipraj @ Dipendra kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Dipraj @ Dipendra Kumar, was arrested in connection with a case registered under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita alleging the death of the informant's son. The prosecution alleged that the petitioner had taken the son to Pakaridayal and that the son later met with an accident, leading the informant to suspect foul play. The petitioner contended that he was falsely implicated and had been in custody since 23 October 2025. The State opposed regular bail, while the court, after reviewing the material and witness statements, found the death to appear accidental. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, clarifying that the order is limited to bail and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused in a case punishable under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita where the death appears accidental.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- accidental death
- murder allegation
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25924 of 2026
Arising Out of PS. Case No.-249 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Dipraj @ Dipendra kumar Son of Ramayodhya Prasad Resident of Village -
Bela Nirpur, P.S.- Chiraiya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prateek Tandon, Advocate
For the State : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Muffasil P.S. Case No. 249 of 2025 registered for the offence
punishable under Sections 103(1) and 61(2) of the Bharatiya
Nyaya Sanhita.
3. The case of the prosecution is that on 15.04.2025,
the son of the informant was taken to Pakaridayal by the
petitioner and subsequently, he was informed that the son of the
informant had meet with an accident. The informant suspected
that the petitioner had killed his son.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.25924 of 2026(2) dt.20-04-2026
2/2
case. The petitioner is in custody since 23.10.2025.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. From the materials available on record and the
statement of the witnesses, it appears to be a case of accidental
death of the deceased.
7. Considering the aforesaid facts and circumstances
of the case and submissions of learned counsel for the parties,
let the petitioner, above named, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the learned C.J.M.,
Motihari, East Champaran/ concerned Court in connection with
Muffasil P.S. Case No. 249 of 2025.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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