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Patna High Court

Dipak Kumar @ Dipak Mahto @ Dipak Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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