Patna High Court
Dipu Kumar @ Dipu Kumar RawatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dipu Kumar Rawat, was arrested in connection with a motorcycle theft case (PS Lalganj Case No. 208 of 2026) and charged under Sections 303(2), 317(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, claiming innocence, while the State opposed the relief. The court examined the nature of the offences, the fact that the petitioner had been in custody since 2 May 2026, and the prosecution’s allegation that he was caught red‑handed. Considering the circumstances, 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 order was made on a prima‑facie basis and expressly stated that it does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with offences under Sections 303(2), 317(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 318(4), 3(5)
Subjects
- regular bail
- theft of motor vehicles
- Bharatiya Nyaya Sanhita
- criminal procedure
- surety bond
- prima facie observation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43208 of 2026
Arising Out of PS. Case No.-208 Year-2026 Thana- LALGANJ District- Vaishali
======================================================
Dipu Kumar @ Dipu Kumar Rawat Son of Satrudhan Prasad @ Satrudhan
Rawat Resident of Village- Vikrampur, P.S.- Madhaura, District- Chapra
(Saran)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok
For the Opposite Party/s : Mr. Nirmal Kumar Sinha
======================================================
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
Lalganj P.S. Case No. 208 of 2026 registered for the offence
under Section(s) 303(2), 317(2), 318(4) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner, along
with the other accused persons, is involved in the theft of
motorcycles and their sale. The petitioner was allegedly caught
red-handed while committing the theft.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 02.05.2026.
Patna High Court CR. MISC. No.43208 of 2026(2) dt.02-07-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the allegation levelled against the petitioner, 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 Lalganj P.S. Case
No. 208 of 2026.
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
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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