Patna High Court
Dipak Kumar Sahu @ Bhima SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner on the basis of no specific allegation, clean antecedents and the filing of a charge‑sheet.
Summary
The petitioner, Dipak Kumar Sahu, was arrested in connection with a violent assault that resulted in the death of an informant’s father, alleged to have been carried out using iron rods, bricks, bamboo and sticks. He is charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including offences of assault, homicide and conspiracy. The petitioner contended that he has no prior criminal record and that the FIR contains only a generic allegation against him, with specific acts attributed to co‑accused. The State opposed bail, citing the seriousness of the offences. Considering the lack of a specific allegation against the petitioner, his clean record, and the fact that a charge‑sheet has already been filed, the Court granted bail subject to monetary sureties and conditions of appearance.
Issues considered
- Whether bail should be granted to the petitioner despite the grave nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
- Whether the absence of a specific allegation against the petitioner in the FIR warrants bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3), 352
Subjects
- bail
- criminal procedure
- assault
- homicide
- false implication
- Bharatiya Nyaya Sanhita
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7080 of 2026
Arising Out of PS. Case No.-410 Year-2025 Thana- BAHADURPUR District- Darbhanga
======================================================
Dipak Kumar Sahu @ Bhima Sahu S/O Late Lakhan Sahu Resident of
Village- Darhar, P.S.- Bahadurpur, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bahadurpur P.S. Case No. 410 of 2025 instituted for the offence
under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109
& 352 of the Bharatiya Nyaya Sanhita, 2023. Subsequently,
Section 103(1) of the BNS was also added.
3. The prosecution case, in short, is that on
03.09.2025, the informant’s father was allegedly surrounded and
brutally assaulted at Mohini Chowk by the named accused
persons using iron rod, bricks, bamboo and sticks, resulting in
severe head injuries. It is further alleged that when the
informant and his family members reached to rescue him, they
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were also assaulted, and the injured was admitted to D.M.C.H.,
Darbhanga, who later succumbed to injuries.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 04.09.2025. Petitioner
bears no criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. From perusal of the FIR, it would reveal that there is no
specific allegation against the petitioner, rather the same is
attributed to co-accused, namely, Rama Paswan and Raushan
Sahu. There is general and omnibus allegation levelled against
the petitioner. Charge sheet has already been submitted in this
case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner, there being no
specific allegation against the petitioner and charge sheet being
submitted, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
Patna High Court CR. MISC. No.7080 of 2026(2) dt.04-02-2026
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of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bahadurpur P.S.
Case No. 410 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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