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Patna High Court

Dipak Kumar @ Dipak SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.76212 of 2025(3) dt.30-01-2026
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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
                                                         3/3




                       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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