Patna High Court
Dipak Kumar@ Golu @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted to the petitioner under Section 482(2) of the BNSS.
Summary
The petitioner, Dipak Kumar, was named in an FIR for assaulting an informant during a road‑rage incident, alleged under Sections 126(2), 115(2), 110, 352 and 3(5) of the Bihar Negotiable Substantive Statutes (BNSS). He contended that he was merely the owner of the vehicle involved, that no electronic evidence linked him to the assault, and that the injuries were simple. The State opposed bail, arguing the seriousness of the offences. The court noted the lack of direct evidence, the simple nature of the injuries, and the fact that a co‑accused had already been granted bail in a similar case. Accordingly, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 126(2), 115(2), 110, 352 and 3(5) of the BNSS.
- Whether the absence of electronic evidence and the simple nature of injuries justify granting bail.
- Whether the precedent of bail granted to a co‑accused in a similar case is applicable.
Subjects
- bail
- criminal procedure
- assault
- road rage
- evidentiary insufficiency
- Section 482
- simple injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51741 of 2025
Arising Out of PS. Case No.-257 Year-2024 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Dipak Kumar@ Golu @ Deepak Kumar S/o Devendra Kumar R/O- Sona
Piplawa, P.S.- Nauwatpur, Distt.-Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd Singh, Adv
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 10-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Sri Krishna Puri P.S.
Case No. 257 of 2024 registered for the offences punishable under
Sections 126(2), 115(2), 110, 352 and 3(5) of the BNS.
3. The allegation against petitioner is to assault the
informant causing head and bodily injuries, where occurrence took
place out of road rage issues.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the petitioner implicated in the present
case only being the owner of car bearing registration no.
BR01AR9897. It is submitted that petitioner was not put on TIP
neither any electronic evidence like CCTV footage was captured
suggesting involvement of petitioner in the occurrence. It is
Patna High Court CR. MISC. No.51741 of 2025(5) dt.10-02-2026
2/2
pointed out that the nature of injury upon medical examination
found simple. It is also submitted that similarly situated co-
accused namely Rakesh Kumar has already granted bail by learned
Co-ordinate Bench of this Court through Cr. Misc. No. 38049 of
2025 dated 11.07.2025. While concluding argument, it is
submitted that petitioner found involved in one more case, where
he is on bail.
5. Learned APP, opposed the prayer of bail.
6. Considering the nature of accusations and also the
nature of injuries, which is found simple, accordingly petitioner
above-named, in the event of his arrest or surrender before the
court below within a period of four weeks, is directed to be
released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned SDJM, Patna /concerned Court, where
the case is pending in connection with Sri Krishna Puri P.S. Case
No. 257 of 2024, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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