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Patna High Court

Dipendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond and conditions prescribed under the B.N.S.S., 2023.

Summary

The petitioner, Dipendra Kumar, feared arrest in a theft case (Nadi P.S. Case No. 385 of 2022) under Sections 379 and 411 IPC. The FIR named three other accused, but the petitioner was not originally named; he was later implicated solely as the owner of the tempo used in the alleged theft, which he had sold in 2015. He argued he had no involvement, presented a sale deed, and cited a prior 2007 criminal case for which he was on bail. The State opposed bail, contending his name entered the case during investigation. The Court, considering the lack of direct involvement and the petitioner’s surrender, granted anticipatory bail subject to a bond of Rs.30,000 and specific conditions under the Bihar Negotiable Security and Surrender (B.N.S.S.) Act, 2023. The bail order also imposed compliance requirements such as appearance before the trial court and a family member as a bailor.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the theft case under Sections 379 and 411 IPC
  • Whether the conditions imposed under the B.N.S.S., 2023 are appropriate

Legislation cited

Subjects

  • anticipatory bail
  • Theft
  • IPC
  • B.N.S.S. 2023
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26881 of 2026
                        Arising Out of PS. Case No.-385 Year-2022 Thana- NADI P.S. District- Patna
                 ======================================================
                 Dipendra Kumar S/o Bijay Ram Resident of Village Sampatchak, PS -
                 Gopalpur, Dist. - Patna, 800007.

                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashutosh Singh, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Nadi P.S. Case No. 385 of 2022 lodged on 08.10.2022, for

                   the offence punishable under Section 379 & 411 of the Indian

                   Penal Code.

                                3. As per the prosecution, FIR has been lodged against

                   three named accused persons other than the petitioner. It has

                   been alleged in the FIR that all the three accused persons have

                   committed theft of iron rods and loaded the same in a tempo,

                   but somehow, driver of the tempo was caught by the informant

                   and two other accused persons fled away.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.26881 of 2026(2) dt.22-04-2026
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          petitioner is innocent and has committed no offence. Counsel

          submits that the petitioner is not named in the FIR and he has

          already sold his tempo in question to one Ram Lakhan Singh on

          11.11.2015 and the sale letter has been annexed as Annexure-2.

          He submits that during investigation, the petitioner has become

          accused in this case by virtue of owner of the said tempo. He

          submits that the petitioner has one criminal antecedent,

          registered in the year 2007 in which he is on bail. Counsel

          further submits that the petitioner has nothing to do with the

          said commission of crime and his name has unnecessarily been

          inserted in this case.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner but submits that the name of the petitioner

          has come in this case during the investigation.

                       6. As such, in the present facts and circumstances of

          this case, let the above named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          Trial Court within a period of 4 weeks from today, on furnishing

          bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

          mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the

          satisfaction of J.M. 1st Class, Patna City, Patna, in connection

          with Nadi P.S. Case No. 385 of 2022, subject to the conditions
             Patna High Court CR. MISC. No.26881 of 2026(2) dt.22-04-2026
                                                         3/3




                       as laid down U/s 482(2) of the B.N.S.S., 2023 with further

                       conditions:-

                                    (i) one of the bailors should be the family member of

                       the petitioner who shall provide official document to show

                       his/her bona fide;

                                    (ii) the petitioner shall appear before the Trial Court

                       on each and every scheduled date, and failure to do so for two

                       consecutive dates without any plausible reason/explanation shall

                       be resulted into cancellation of his bail bonds by the Trial Court

                       itself;



                                                                     (Dr. Anshuman, J)
Divyansh/-

U      T


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