Patna High Court
Dipu Kumar @ Dipoo KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 3(5)
- Code of Criminal Procedure — s. 438(2)
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
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