Patna High Court
Dipak Kumar @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted as the trial had started and the offences were grave.
Summary
Dipak Kumar and Rishu Kumar were charged under Sections 109, 61(2), 352, 3(5) of the B.N.S., Section 27 of the Arms Act and later Section 103(1) of the B.N.S. for a killing. They sought regular bail for the second time after an earlier bail application was rejected. The court noted that the investigation was perfunctory and directed the D.G.P. to order a Special Investigation Team, but observed that the trial had already commenced and charges were framed. Considering the seriousness of the offences and that the trial was underway, the court declined to revisit its earlier order. Consequently, the bail application was dismissed.
Issues considered
- Whether regular bail can be granted when the trial has commenced and charges are framed for serious offences
- Whether a perfunctory investigation justifies granting bail
- Whether the direction for a Special Investigation Team affects the bail decision
Legislation cited
Subjects
- bail
- criminal procedure
- investigation
- Special Investigation Team
- trial commencement
- serious offences
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35548 of 2026
Arising Out of PS. Case No.-343 Year-2024 Thana- SIKANDRA District- Jamui
======================================================
1. Dipak Kumar @ Deepak Kumar S/O Arun Saw @ Arun Kumar R/O Village-
Mirjaganj, P.S.- Sikandara, District- Jamui.
2. Rishu Kumar S/O Arun Saw @ Arun Kumar R/O Village- Mirjaganj, P.S.-
Sikandara, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Adv.
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. This is the 2nd attempt of the petitioners seeking bail
in connection with Sikandra P.S. Case No. 343 of 2024
registered for the offence under Sections 109, 61(2), 352 & 3(5)
of the B.N.S. read with Section 27 of the Arms Act, later on
Section 103(1) of the B.N.S. was also added.
3. Earlier, the bail application of the petitioners were
rejected on 04.09.2025 in Cr. Misc. No. 35396 of 2025 which
reads as follows:-
“Heard the learned counsel for
the petitioners and learned APP for the
State.
2. A copy of the brief be handed
over upon the learned APP for the State;
Patna High Court CR. MISC. No.35548 of 2026(2) dt.30-06-2026
2/3
Sri Jharkhandi Upadhyay.
3. The petitioners seek regular
bail in connection with Sikandra P.S.
Case No. 343 of 2024 registered for the
offence under Sections 109, 61(2), 352,
3(5) of the BNS and Section 27 of the
Arms Act. Later on Section 103(1) was
added.
4. The petitioners are named in
the FIR. They are said to have gone to
the house of the deceased along with an
unknown person who shot at them. The
petitioners are in custody since
07.11.2024.
5. Considering the fact that the
petitioners have participated and
conspired in the killing of the deceased, I
am not inclined to grant regular bail to
the petitioners.
6. From the records of the case, it
appears that a perfunctory investigation
has been done by the Police. The
petitioners were not taken on remand;
they could have been taken on remand
and their narco test could have been
done to find out the name of the killer but
nothing has been done.
7. This kind of perfunctory
investigation leads to injustice for the
deceased and his family.
8. The D.G.P., Bihar is directed to
take steps for proper investigation of the
case through an SIT after obtaining
permission from the Court for further
investigation.
9. The D.G.P., Bihar will also
examine as to how the Superintendent of
Police, Jamui is supervising these kinds
of cases which have not been properly
investigated and directed for submission
of charge-sheet without proper
investigation.
Patna High Court CR. MISC. No.35548 of 2026(2) dt.30-06-2026
3/3
10. Let a copy of this order be
communicated to the D.G.P., Bihar
through FAX for its compliance forthwith.
11. With the aforesaid
observation(s) and direction(s), this
application for regular bail stands
rejected.”
4. The trial has started and charges have been framed.
5. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
6. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
sadique/-
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