Patna High Court
Dipu Malakar @ Dipu MaliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to a cash bond of Rs.15,000, two sureties of equal amount, and conditions of appearance.
Summary
The petitioner, Dipu Malakar, was arrested during a police raid on alleged sand‑mafia activities at the Falgu river and charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He claims he was falsely implicated, was not the owner or driver of the seized vehicles, and that no contraband was found on his person, while a co‑accused who disclosed his name had already been granted bail. The petitioner, who has eight prior criminal antecedents, sought bail after being in custody since 8 July 2025. The State opposed the bail, citing the seriousness of the offences. The Court, considering the period of custody, the claim of false implication, and parity with the co‑accused, decided to grant bail subject to a cash bond and surety conditions, and to appear at all trial dates.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting bail to an accused charged with multiple serious offences under the Bharatiya Nyaya Sanhita and the Arms Act, considering the accused’s prior criminal antecedents and claim of false implication?
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 111, 121(1), 121(2), 125, 132, 190, 191(2), 191(3), 303(2), 317(2), 317(4), 317(5)
Subjects
- bail
- sand mafia
- illegal sand mining
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- prior criminal antecedents
- parity
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78236 of 2025
Arising Out of PS. Case No.-947 Year-2024 Thana- GAYA MUFASIL District- Gaya
======================================================
Dipu Malakar @ Dipu Mali S/o Naresh Malakar R/o village- Bhadeja
Devisthan, P.S- Muffasil, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 06-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Muffasil P.S. Case No. 947 of 2024 instituted for the offence
under Sections 190, 191(2), 191(3), 109, 303(2), 317(2), 317(4),
317(5), 111, 125, 132, 121(1) & 121(2) of the Bharatiya Nyaya
Sanhita, 2023 and Section 27 of the Arms Act.
3. As per prosecution case, on secret information
regarding extraction of sand by sand mafia, the police conducted
raid at the bank of Falgu river and apprehended six person from
the spot with 21 tractors loaded with sand and one motorcycle.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 08.07.2025. Petitioner
Patna High Court CR. MISC. No.78236 of 2025(5) dt.06-02-2026
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bears eight 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. Petitioner was not apprehended on the sport. Apprehended
co-accused person disclosed the name of the petitioner.
Petitioner is neither the owner nor the driver of any of the
vehicles in question. Nothing has been recovered from the
conscious possession of the petitioner. Other co-accused has
been granted bail by this Court vide order dated 18.06.2025,
passed in Cr. Misc. No. 35517 of 2025.
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, claim based on
parity and manner of petitioner’s implication, this Court is
inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Muffasil P.S. Case No. 947 of 2024, subject
Patna High Court CR. MISC. No.78236 of 2025(5) dt.06-02-2026
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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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