Created by Fuzzy Cloud

Patna High Court

Dipu Kumar @ Dipoo KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner’s lack of connection to the seized material and his clean antecedent merit his release on bail despite the suspicion-based implication.

Summary

The petitioner, Dipu Kumar, was implicated in a case involving the seizure of a van carrying iron scrap, although his name does not appear in the FIR. He contended that he had no connection with the vehicle or the seized material and that he is a man of clean antecedent. The State opposed his bail application. The court examined the prima facie implication based solely on suspicion and considered the petitioner’s spotless record. Concluding that the suspicion did not justify continued detention, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The bail order was directed to be implemented by the Chief Judicial Magistrate of Bettiah.

Issues considered

  • Whether the petitioner is entitled to bail despite not being named in the FIR and being implicated only on suspicion.
  • Whether the petitioner’s clean antecedent warrants release on bail under the applicable provisions.

Legislation cited

Subjects

  • bail
  • suspicion
  • clean antecedent
  • Criminal Procedure Code
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita
  • FIR
  • seizure of scrap
  • preliminary investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40759 of 2026
                  Arising Out of PS. Case No.-324 Year-2025 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Dipu Kumar @ Dipoo Kumar, Son of Kishori Ram, Resident of Village-
                 Kurmi Tola Dhumnagar, Police Station-Nautan District -West Champaran

                                                                                     ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-06-2026                       Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is not named in the FIR and

                   apprehending his arrest in connection with Bettiah Muffasil

                   P.S. Case No.324 of 2025 registered under Sections 303(2),

                   317(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023

                   (in short ‘B.N.S.’).

                                3.    As per FIR, an information was received by

                   Helpline No. 112 on intervening night of 13/14.06.2025 at

                   about 11:45 PM, that unknown persons are loading pick up

                   van bearing Registration No. BR22GA-4589 with scraps and

                   old nut bolt and vehicle parts. Upon raid, the van was seized,

                   having three quintals of iron scrap but, the accused persons
Patna High Court CR. MISC. No.40759 of 2026(2) dt.24-06-2026
                                            2/3




          were succeed to fled away from the place of recovery.

                       4. It is submitted by learned counsel appearing for

          petitioner that petitioner is neither connected with vehicle in

          issue nor with scrap or seized material in any manner and

          merely on the basis of suspicion, he was implicated with

          alleged recovery of scrap. It is submitted that the petitioner

          is a man of clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact, as the implication of petitioner prima

          facie on the basis of suspicion, who is a man of clean

          antecedent, accordingly, the petitioner, above-named, in the

          event of his arrest or surrender in the court below within a

          period of four weeks from today, is directed to be released

          on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Chief Judicial Magistrate, Bettiah,

          West Champaran in connection with Bettiah Muffasil P.S.

          Case No.324 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure (in
             Patna High Court CR. MISC. No.40759 of 2026(2) dt.24-06-2026
                                                         3/3




                       short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik

                       Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                               (Chandra Shekhar Jha, J.)
    Raushan/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.