Patna High Court
Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) of the CrPC.
Summary
The petitioners – Dipak Kumar, Jhuni Devi and Soni Devi – applied for anticipatory bail fearing arrest in a case (Turkauliya PS No.585 of 2023) that alleges assault with deadly weapons, robbery and other offences under multiple sections of the Indian Penal Code. The prosecution contends that the petitioners participated in a violent dispute over a village road, assaulting an informant and looting his house. The petitioners claim they are falsely implicated, that the police investigation found no case against two of them, and that the matter is essentially a civil dispute between agnates. They point out that co‑accused have already been granted anticipatory bail in a related matter and assert they have no criminal antecedent and will cooperate with the investigation. The State opposed the bail. The Court, after considering the facts and submissions, granted anticipatory bail to the petitioners subject to a bail bond of Rs 10,000 each, two sureties, and compliance with Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC despite the serious nature of the offences alleged.
- Whether the existence of a civil dispute and lack of prior criminal record justify the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 147, 148, 149, 308, 323, 324, 341, 379, 447, 504, 506
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code
- assault
- robbery
- civil dispute
- agnates
- East Champaran
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80719 of 2025
Arising Out of PS. Case No.-585 Year-2023 Thana- TURKAULIYA District- East
Champaran
======================================================
1. Dipak Kumar S/O Late Lakhindra Mahto Resident of village- Semra
Belwatiya, P.S.- Turkauliya, District- East Champaran
2. Jhuni Devi W/O Late Lakhindra Mahto Resident of village- Semra
Belwatiya, P.S.- Turkauliya, District- East Champaran
3. Soni Devi W/O Sunil Mahto Resident of village- Semra Belwatiya, P.S.-
Turkauliya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Turkauliya P.S. Case No. 585 of 2023 instituted under
Sections 147, 148, 149, 447, 341, 323, 324, 308, 379, 504 and
506 of the IPC.
3. The prosecution case, in short, is that in the
background of a dispute over a village road, the petitioners and
other co-accused persons abused and assaulted the informant
with deadly weapons. It is also alleged that when the informant's
family tried to save him, the accused persons also assaulted
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them and committed loot-pat in the house of the informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that after investigation police found no
case against petitioner nos.2 and 3 and filed final form against
them, however, the Court concerned has taken cognizance for
the offence including Section 308 of the Indian Penal Code
against the accused persons including the petitioners. Learned
counsel submits that there is case and counter case between the
parties and both the parties are agnates. He further submits that
there is civil dispute between the parties. He submits that co-
accused Anil Kumar @ Anil Mahto, Shiv Kumar and Devlal
Mahto have already been granted the privilege of anticipatory
bail by a co-ordinate Bench of this Court vide order dated
26.04.2024 passed in Cr. Misc. No. 11363 of 2024 and the
petitioners are better situated. He further submits that the
petitioners have no criminal antecedent and they undertake to
cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
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of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
learned Chief Judicial Magistrate, Motihari, East Champaran in
connection with Turkauliya P.S. Case No. 585 of 2023, subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973.
(Sunil Dutta Mishra, J)
AjayMishra/-
U T
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