Patna High Court
Dip Raj @ Dipraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner, directing his release upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Dip Raj, was arrested in connection with a murder case (Sections 302 and 120-B IPC) and has been in custody since 31 January 2025. He sought bail, arguing that the allegations against him were vague and that specific fatal knife‑injury charges were directed at a co‑accused, Ajeet Kumar. He also highlighted that similarly situated co‑accused had already been granted bail, invoking parity, and asserted that the investigation was complete, reducing any risk of evidence tampering. The State opposed the bail. The Court, noting the general nature of the allegations against the petitioner, the completed investigation, and the parity with other accused, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) Cr.P.C. and Section 480(3) B.N.S.S.
Issues considered
- What is the applicability of bail provisions under Section 437(3) Cr.P.C. (and Section 480(3) B.N.S.S.) to the petitioner accused of murder under Sections 302 and 120‑B IPC?
- Whether the petitioner is entitled to bail on the ground of general and omnibus allegations and parity with co‑accused who have been granted bail.
Legislation cited
- Bhartiya Nyaya Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 120-B, 302
Subjects
- bail
- murder
- IPC
- Section 302
- Section 120-B
- parity
- investigation completed
- general allegations
- Criminal Procedure Code
- Bhartiya Nyaya Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69783 of 2025
Arising Out of PS. Case No.-980 Year-2023 Thana- AGAMKUAN District- Patna
======================================================
Dip Raj @ Dipraj Kumar, S/o Buddhan Mahto, R/o Village - Rashida Chak,
Chhoti Pahari, P.S - Agamkuan, District - Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanoj Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. for the State.
2. Petitioner seeks bail in connection with Agamkuan
P.S. Case No. 980 of 2023 registered for the offences under
Sections 302/120-B of the Indian Penal Code.
3. The petitioner is named in the First Information
Report and is in custody since 31.01.2025.
4. Allegation against the petitioner is to commit
murder of son of the informant alongwith other named co-
accused persons by inflicting knife injury, where alleged
occurrence took place during picnic party.
5. It is submitted by learned counsel appearing on
behalf of the petitioner that allegation qua physical assault is
Patna High Court CR. MISC. No.69783 of 2025(2) dt.09-01-2026
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very much general and omnibus against the petitioner, where
specific allegation to give fatal knife injury is available against
co-accused Ajeet Kumar @ Bholi Kumar. It is pointed out that
similarly situated co-accused persons namely, Lav Kumar and
Sonu Kumar @ Saimand have already granted bail by learned
coordinate Benches of this Court through Cr. Misc. No. 54129
of 2024 dated 29.08.2024 and Cr. Misc. No. 38735 of 2024
dated 26.07.2024 respectively, therefore, on the ground of
parity, this petitioner deserves to be enlarged on bail. While
concluding argument, it is submitted that investigation of this
case is completed and, as such, there is no chance of
tampering with the evidence and, moreover, this petitioner is
a man of clean antecedent.
6. Learned A.P.P. for the State has opposed the
prayer for bail of the petitioner.
7. Considering the facts and circumstances, as the
allegation is appearing very much general and omnibus
against this petitioner, where specific allegation as to cause
fatal knife injury is available against co-accused Ajeet Kumar
@ Bholi Kumar, coupled with the fact that petitioner is in
Patna High Court CR. MISC. No.69783 of 2025(2) dt.09-01-2026
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custody since 31.01.2025, where investigation of this case is
already completed, accordingly, above-named petitioner is
directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand only) with two sureties of
the like amount each to the satisfaction of learned A.C.J.M.-
IV, Patna City/concerned court, in connection with Agamkuan
P.S. Case No. 980 of 2023, subject to the condition as laid
down under Section 437 (3) Cr.P.C/Section 480(3) of the
Bhartiya Nyaya Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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