Patna High Court
Dipu KumarversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to all petitioners.
Summary
The petitioners Saurav Kumar, Ankit Kumar, Dipu Kumar and Bhola Mistry sought regular bail in a case under section 309(4) of the B.N.S. for allegedly snatching Rs. 75,000 from an informant. The prosecution argued that bail had previously been granted on a mistaken submission regarding the recovery of the looted amount. The petitioners contended they were innocent, with only Bhola admitting involvement and claiming the cash was spent, while no recovery was made from him. The petitioners had been in judicial custody since mid‑May 2025. The State opposed the bail application. After hearing both sides, the court found insufficient grounds to deny bail and ordered the petitioners released on bail upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether regular bail should be granted to the accused under section 309(4) of the B.N.S. given the facts of the alleged looting and the prior erroneous bail order.
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- bail
- criminal procedure
- section 309
- theft
- judicial custody
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48080 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- BARBIGHA District- Sheikhpura
======================================================
Saurav Kumar @ Buddhan S/o Lakshman Mandal R/o Village- Dagarpar,
P.S.- Misxsioin (Barbigha) and Dist.- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 49010 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- BARBIGHA District- Sheikhpura
======================================================
Ankit Kumar S/o- Umesh Mandal Village- Dagarpar Ps- Mission Barbigha
Dist- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 50988 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- BARBIGHA District- Sheikhpura
======================================================
Dipu Kumar S/o Prem Prasad Gupta R/o Vill-Purani Sahar, P.S.-Mission
Barbigha, District - Shekhpura.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 55020 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- BARBIGHA District- Sheikhpura
======================================================
Bhola Mistry @ Bhola Kumar S/o Lakshmi Mistri @ Laxman Mistry
Resident of Village- Narayanpur, P.S.- Barbigha, District- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
Patna High Court CR. MISC. No.48080 of 2025(5) dt.09-01-2026
2/4
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 48080 of 2025)
For the Petitioner/s : Mr.Dinkar Kumar
For the Opposite Party/s : Mr.Murli Dhar
(In CRIMINAL MISCELLANEOUS No. 49010 of 2025)
For the Petitioner/s : Mr.Bipin Kumar
For the Opposite Party/s : Mr.Murli Dhar
(In CRIMINAL MISCELLANEOUS No. 50988 of 2025)
For the Petitioner/s : Mr.Dr. Anjani Pd. Singh
For the Opposite Party/s : Mr.Rajiva Ranjan
(In CRIMINAL MISCELLANEOUS No. 55020 of 2025)
For the Petitioner/s : Mr.Satish Chandra
For the Opposite Party/s : Mr.Rajiv Nayan
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 09-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under section 309(4)
of B.N.S.
3. The case of the prosecution is that vide order dated
11.08.2025 by learned co-ordinate Bench of this Court,
petitioners, namely, Saurav, Ankit and Dipu were granted bail
but the same order was passed on the wrong submission that the
looted amount was recovered from the petitioner, namely,
Bhola. When this matter was brought before the Court, case
diary was called for. Brief facts of the case is that the petitioners
have snatched Rs. 75,000/- from the informant who was going
to deposit the same in the Canara Bank.
Patna High Court CR. MISC. No.48080 of 2025(5) dt.09-01-2026
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4. Learned counsels for the petitioners submit that the
petitioners are innocent and have committed no offence. They
have falsely been implicated in this case. Learned counsels for
the petitioners have submitted that petitioners, namely, Saurav,
Dipu and Ankit were apprehended by police whereas the
petitioner Bhola managed to escape. When Bhola was arrested ,
he has given his defence version that he along with others has
looted the amount from the informant. No recovery was made
from his possession. He said that all the cash has been
distributed and spent by them. Learned counsels for the
petitioners have submitted that save and except the defence
version of the petitioner Bhola, there is nothing against the
petitioners. Moreover, the petitioners, namely, Ankit, Saurav and
Dipu are languishing in judicial custody since 14.05.2025
whereas the petitioner, namely, Bhola is languishing in judicial
custody since 17.05.2025.
5. Learned APP appearing for the State has opposed
the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Patna High Court CR. MISC. No.48080 of 2025(5) dt.09-01-2026
4/4
Barbigha P.S. Case No. 105 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned S.D.J.M., Sheikhpura.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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