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Patna High Court

Dilip Kumar @ DipuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioners.

Summary

The petitioners, Dilip Kumar and Rajan Kumar, applied for regular bail in a case registered under Sections 191(2), 191(3), 190, 109, 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, alleging that they were not named in the FIR and that no specific overt act was alleged against them. The prosecution alleged that on 04‑06‑2025 the accused assaulted the informant's father with a bamboo stick and laathi, causing his death. The petitioners argued that the specific assault allegation pertained only to a co‑accused, Abhishek Jaiswal, and that they had a clean antecedent and had been in custody since 27‑08‑2025. The State opposed the bail. The Court, considering the nature of the allegation, the petitioners' clean antecedent and the period of custody, allowed the bail application, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail should be granted to petitioners who are not named in the FIR and have no specific allegation of overt act against them
  • Whether the clean antecedent and length of custody justify bail despite the serious nature of the offences

Legislation cited

Subjects

  • regular bail
  • Bharatiya Nyaya Sanhita
  • clean antecedent
  • FIR
  • co‑accused
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3243 of 2026
                    Arising Out of PS. Case No.-279 Year-2025 Thana- DHAKA District- East Champaran
                 ======================================================
           1.     Dilip Kumar @ Dipu Son of Sri Tribhuwan Prasad @ Tribhunath Prasad R/o
                  Village - Fulwariya, P.S. - Dhaka, Dist. - East Champaran.
           2.    Rajan Kumar @ Ranjan Kumar Son of Sri Sarvjit Choudhary R/o Village -
                 Fulwariya, P.S. - Dhaka, Dist. - East Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ritwik Thakur, Ms. Vaishnavi Singh, Adv
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners seek regular bail in connection with

                   Dhaka P. S. Case No. 279 of 2025 in a case registered for the

                   offences punishable under Sections 191(2), 191(3), 190, 109,

                   103(1), 61(2) of the Bharatiya Nyaya Sanhita.

                                3. As per prosecution story, the informant alleged that

                   on 04.06.2025 all the F.I.R. named accused came to the house of

                   informant, abused and assaulted his father with Bamboo stick

                   and Laathi, as a result of which he died during course of

                   treatment.

                                4. Learned counsel for the petitioners submits that
              Patna High Court CR. MISC. No.3243 of 2026(2) dt.13-02-2026
                                                          2/2




                        petitioners are not named in the F.I.R. and there is no allegation

                        of any specific overt act against them. Specific allegation of

                        assault is against co-accused Abhishek @ Abhishek Jaiswal,

                        who is alleged to have assaulted the father of the informant with

                        Bamboo stick and Lathi. Doctor has found only two injuries on

                        the person of deceased. Petitioners claim clean antecedent and

                        are in custody since 27.08.2025.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature of allegation, clean

                        antecedent and period of custody, the bail application is allowed.

                        Let the above named petitioners be released on bail on

                        furnishing bail-bond of Rs. 10,000/- (ten thousand) each with

                        two sureties of the like amount each to the satisfaction of Sub-

                        Divisional       Judicial     Magistrate,       Sikrahna,   Dhaka,   East

                        Champaran in connection with Dhaka P. S. Case No. 279 of

                        2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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