Patna High Court
Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail should be granted to the petitioner.
Summary
Dipak Kumar was arrested in connection with a theft of an informant's motorcycle, alleged under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, and has been in custody since 6 October 2025. The petitioner claimed innocence and that no stolen property was recovered from him or his residence. The State opposed his regular bail application. Considering the length of custody and lack of material evidence, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The bail was conditioned on the petitioner reporting to the police station every Sunday and cooperating fully with the trial, with non‑compliance leading to cancellation of the bail.
Issues considered
- Whether regular bail should be granted to the accused under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, given the circumstances of custody and lack of recovered evidence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2)
Subjects
- regular bail
- theft
- Bharatiya Nyaya Sanhita
- Section 303(2)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43175 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- NADI P.S. District- Patna
======================================================
Dipak Kumar S/O Jimdar Ray @ Jamidar Rai Resident of Village- Biddupur,
Ganinath, P.S.- Biddupur, Dist.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Sharma
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Nadi P.S. Case No. 223 of 2025 registered for the offence under
Section(s) 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of committing the theft of the motorcycle of the
informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 06.10.2025. Nothing has been
recovered from the conscious possession of the petitioner or
from his house.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.43175 of 2026(2) dt.02-07-2026
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opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the period of custody, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Nadi P.S. Case No.
223 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Biddupur Police Station on
every Sunday of each month. Any default in
appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.43175 of 2026(2) dt.02-07-2026
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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