Patna High Court
Dipak Kumar @ Dipak SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Dipak Kumar, was arrested in connection with the death of an informant's husband, alleged to have occurred while the deceased was performing electrical work at the petitioner's house. The prosecution charged the petitioner under Sections 302, 120B and 34 of the Indian Penal Code, alleging murder, criminal conspiracy and common intention. The defence argued that the death was due to electrocution, as indicated by the post‑mortem report, and that there was no direct evidence linking the petitioner to the alleged offences. The informant was not an eyewitness, and the charge‑sheet had already been filed with the petitioner in custody since 8 June 2025. Considering the lack of incriminating evidence, the nature of the accusation, and the period of custody, the court found that bail was appropriate. Consequently, the petitioner was released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to an accused charged with murder, criminal conspiracy and common intention under Sections 302, 120B and 34 IPC when the death appears to be due to electrocution and no direct evidence links the accused.
Legislation cited
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- electrocution
- criminal conspiracy
- common intention
- IPC
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76212 of 2025
Arising Out of PS. Case No.-323 Year-2023 Thana- GAURICHAK District- Patna
======================================================
Dipak Kumar @ Dipak Singh Son of Vinod Singh R/o Village - Piyariya, P.S.
- Gaurichak, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Raj Kumar Choudhary, Advocate
For the State : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 302, 120B and 34 of the
Indian Penal Code.
3. The prosecution case, in brief, is that on 24.05.2023
at about 8:30 AM, husband of informant went to Patna for
earning with some co-villagers, including this petitioner.
Thereafter, on 25.05.2023, at about 8:30 AM, informant
received a call on her mobile phone that her husband had died.
Then, at about 4:30 PM, dead body of husband of informant was
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brought by one Ranjit Ram, who is driver of an ambulance and
during enquiry the informant came to know that while doing
some electrical work at the house of this petitioner, her husband
died.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Informant is not an eye witness to the occurrence. Petitioner has
falsely been implicated in this case merely because husband of
the informant died in the house of this petitioner while doing
some electrical work. In the post mortem report, no external or
internal injury were found on the body of the deceased. As a
matter of fact, the deceased died due to electrocution. Moreover,
charge-sheet has already been submitted and petitioner is in
custody since 08.06.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and period of
custody, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.76212 of 2025(3) dt.30-01-2026
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thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M.-2nd, City Court, Patna in
connection with Gaurichak P.S. Case No. 323 of 2023.
(Prabhat Kumar Singh, J)
shashank/-
U T
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