Patna High Court
Dilip Kumar @ DipuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 190, 191(2), 191(3), 61(2)
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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