Dilip KumarversusThe State of Bihar

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37454 of 2026
                       Arising Out of PS. Case No.-513 Year-2025 Thana- CIVIL LINE District- Gaya
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                 Dilip Kumar Son of Late Ram Nandan Prasad Resident of Village-
                 Gosainbagh, P.S.- Adda Road, Gurudwara Road, P.s.- Kotwali, District- Gaya
                 Jee

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 319(2),

                   318(4), 338, 336(3) and 340(2) of the Bhartiya Nyaya Sanhita,

                   2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and the informant alleges

                   that petitioner in the year 2024 had given an application along

                   with relevant document showing that his mother died on

                   28.02.2024, as such, based on such document the petitioner

                   sought death certificate of his mother, accordingly, death

                   certificate was issued on 03.10.2024, but later from newspaper it
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          transpired that his mother had not died and is alive, accordingly,

          the matter was investigated and it was found that his mother is

          alive, further on 26.01.2025, the petitioner himself gave an

          application stating that his mother is alive.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner has been falsely implicated in

          the instant case by the informant. It is further submitted that

          during the course of investigation nothing transpired based on

          which it can be culled out that petitioner took advantage of the

          death certificate of his mother. It is further submitted that when

          no benefit accrued based on the death certificate of his mother,

          as such, there was no occasion for the petitioner to seek the

          death certificate of his mother.

                       5. Learned APP for the State opposes the anticipatory

          bail application and submits that the FIR has been instituted by

          an officer of the Municipality and the allegations are serious and

          the investigation is continuing and if privilege of anticipatory

          bail is granted, the petitioner may abscond. It is also submitted

          that the anticipatory bail application has not been sworn by the

          mother (Meena Devi) of the petitioner, it is thus submitted had

          the affidavit been sworn by the mother of the petitioner, perhaps

          some credibility could have been given to the submissions made
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          by the learned counsel appearing on behalf of the petitioner.

                       6. At this stage, the learned counsel appearing on

          behalf of the petitioner submits that if privilege of anticipatory

          bail is granted, the petitioner will not abscond rather will

          cooperate in the investigation. It is also submitted that his

          mother is willing to become a bailor.

                       7. After hearing the learned counsel for the parties,

          the petitioner above-named, in the event of his arrest or

          surrender within a period of six weeks from today, be released

          on anticipatory bail on furnishing bail bonds of Rs. 25,000/-

          (Rupees Twenty Five Thousand) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with Civil

          Lines P.S. Case No. 513 of 2025, subject to the conditions as

          laid down under Sections 482(2) of the BNSS.

                       8. One of the bailor the petitioner shall be his mother,

          Meena Devi.

                       9. However, it is made clear that in the event if the

          Investigating Officer of the case files an application before the

          learned Trial Court bringing to its notice that petitioner despite

          giving assurance to this Court is not co-operating in the

          investigation, in that event the learned Trial Court shall be at
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                      liberty to cancel the bail bonds of the petitioner.

                                 10. Let a copy of this order be sent to the concerned

                      police station through the learned Trial Court.

                                   11. Accordingly, the instant anticipatory bail

                      application stands allowed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T