Patna High Court
Dipak Kumar @ Dipak Mahto @ Dipak Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a cash bond, sureties, and specific conditions.
Summary
The petitioner, Dipak Kumar, was arrested on 20 June 2025 in connection with a case alleging assault leading to death, charged under Sections 103(1) and 3(5) of the BNS Act, 2023. He sought bail, arguing that the FIR contained only a vague suspicion and that co‑accused persons had already been released on bail by other benches. The State opposed bail, contending the petitioner participated in the crime and has another pending case, though noting he had been granted bail by a Juvenile Justice Board in a separate matter. The court examined the nature of the allegations, the precedent of bail to co‑accused, and the petitioner’s criminal antecedent. Finding no substantive reason to deny bail and considering the earlier bail orders, the court granted bail on a cash bond of Rs.10,000 with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents. The bail order was issued without delay for antecedent verification.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offence under Sections 103(1) and 3(5) of the BNS Act, 2023.
- Whether the lack of specific assault allegations in the FIR justifies granting bail.
- Whether the bail granted to co‑accused persons influences the decision on the petitioner’s bail.
- Whether the petitioner’s other pending case and prior bail from a Juvenile Justice Board affect the bail application.
Legislation cited
- BNS Act, 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- BNS Act 2023
- Section 103(1)
- Section 3(5)
- assault causing death
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31398 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Dipak Kumar @ Dipak Mahto @ Dipak Kumar Mahto S/O Raje Lal Mahto
R/O Village- Bhatabari, P.s- Phulparas, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandan Jha, Advocate
For the Opposite Party/s : Ms.Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-05-2026 Heard Mr.Chandan Jha, learned counsel for the
petitioner and Ms.Asha Devi, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
20.06.2025 in connection with Laheriasarai P.S. Case No. 245
of 2025, G.r.No.1419/2025, (S.T.No.547/2025), F.I.R. dated
12.04.2025 registered for the offence punishable under Sections
103(1) and 3(5) of BNS Act, 2023.
3. Allegation against the petitioner is that he
alongwith seven other accused persons had allegedly assaulted
the deceased, as a result of which he became unconscious and
later on died.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR that there is no specific
allegation of any assault or overt-act attributed against the
Patna High Court CR. MISC. No.31398 of 2026(2) dt.08-05-2026
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petitioner rather there is suspicion raised by the informant
against the petitioner and other similarly situated co-accused
persons and for the same set of allegation, co-accused persons,
namely, Nitish Kumar @ Nitish Kumar Yadav, Deepak Yadav,
Samresh Kumar and Pankaj Kumar have been granted bail by
different Coordinate Benches of this Hon’ble Court vide orders
dated 23.02.2026,25.03.2026 and 22.04.2026 passed in Cr.
Misc. Nos. 83714/2025, 3312/2026, 83640/2025 and
26186/2026 respectively and the police, after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 20.06.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner has
participated in the present crime in question, apart from that, the
petitioner carries one more case other than the present one but
fairly submits that the petitioner has been granted bail by the
learned Juvenile Justice Board, Madhubani on 06.08.2025, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned ADJ-VII, Darbhanga or the
Patna High Court CR. MISC. No.31398 of 2026(2) dt.08-05-2026
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competent court of law in connection with Laheriasarai P.S.
Case No. 245 of 2025, G.r.No.1419/2025 (S.T.No.547/2025),
with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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