Patna High Court
Dipu Rai @ Dipu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dipu Rai, was arrested in connection with a murder case (Sonepur P.S. Case No. 572/2024) alleging offences under Sections 103, 238, 61(2) and 3(5) of the B.N.S. The prosecution alleged that the deceased was killed by pressing his neck, while the defence argued that the post‑mortem report indicated suicide and that there were no injuries supporting a homicide. The petitioner claimed innocence, clean antecedents and had been in custody since 11‑08‑2025. The Additional Public Prosecutor opposed bail, but the court, after considering the facts and the alleged lack of forensic evidence, found reasonable doubt. Consequently, the court allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges under the B.N.S.
- Whether the post‑mortem report indicating suicide creates sufficient doubt to justify bail
Legislation cited
- B.N.S. — s. 103, 238, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- presumption of innocence
- post‑mortem report
- suicide
- murder
- Sections 103, 238, 61(2), 3(5) B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81681 of 2025
Arising Out of PS. Case No.-572 Year-2024 Thana- SONEPUR District- Saran
======================================================
Dipu Rai @ Dipu Kumar S/o Jay Prakash Ray R/o Village- Sabalpur Hasti
Tola, PS- Sonepur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jai Vardhan Narayan
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Sonepur P.S. Case No. 572/2024 registered for the offences
punishable under Sections 103, 238, 61(2), 3(5) of B.N.S.
3. As per the prosecution case, petitioner and others
are said to have killed the deceased by pressing his neck.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that from the
post-mortem report, it appears that the deceased has committed
suicide and there is no injury on the dead body of the deceased
which falsifies the prosecution case. Petitioner has clean
antecedent and he is in custody since 11.08.2025. The petitioner
Patna High Court CR. MISC. No.81681 of 2025(5) dt.19-03-2026
2/2
undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court below in connection with
Sonepur P.S. Case No. 572 of 2024.
(Sandeep Kumar, J)
tusharika/-
U T
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