Patna High Court

Dipendra Nayak @ Dipu Nayak @ Dipendra KumarversusThe State of Bihar

Decided: 7 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that, considering the petitioners’ clean antecedent and the circumstances, bail must be granted subject to the conditions prescribed under Section 482(2) of the BNSS.

Summary

The petitioners, Dipendra Nayak and Gopal Nayak, filed a bail petition fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for allegedly assaulting an informant and attempting to outrage his modesty. They contended that the present case was a retaliatory ‘counter‑blast’ of an earlier land‑dispute case and that the allegations were largely ornamental, emphasizing their clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the nature of the alleged injury, the petitioners’ clean record and the surrounding circumstances, ordered that bail be granted on the condition of a Rs 10,000 bond with two sureties, subject to Section 482(2) of the BNSS. The order effectively disposed of the petition by granting bail.

Issues considered

Whether bail should be granted to the petitioners under Section 482(2) of the BNSS despite the serious nature of the offences alleged.
Whether the petitioners’ clean antecedent and the characterization of the allegations as ornamental justify bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 126(2), 303(2), 3(5), 351(3), 352, 482(2), 76

Subjects

bail
criminal procedure
BNSS
section 115
section 126
section 303
section 352
section 351
section 3
land dispute
clean antecedent
counter‑case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86513 of 2025
                   Arising Out of PS. Case No.-79 Year-2025 Thana- MADHWAPUR District- Madhubani
               ======================================================
           1 . Dipendra Nayak @ Dipu Nayak @ Dipendra Kumar Son of Gopal Nayak
                Resident of Village - Madhwapur, Ward no. 7, P.S. - Madhwapur, District -
                Madhubani, Bihar.
           2.    Gopal Nayak Son of Late Makhan Nayak Resident of Village - Madhwapur,
                 Ward no. 7, P.S. - Madhwapur, District - Madhubani, Bihar.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Lalan Kumar , Advocate
                 For the Opposite Party/s :      Mr. Pranav Kumar , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                     Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 115(2),

                   126(2), 76, 303(2), 352, 351(3), 3(5) of BNS.

                                3 . As per F.I.R., on 08.06.2025 , petitioner No. 1

                   thrashed the informant on ground and petitioner No. 2 tried to

                   outrage the modesty of informant.

                                4. It is submitted on behalf of the petitioners that

                   present case is counter blast of Gopal Nayak , Madhubani PS

                   Case No. 77 of 2025 against informant sides and the case of the

                   prosecution is earlier in point of time . Both the parties are co-
            Patna High Court CR. MISC. No.86513 of 2025(2) dt.07-01-2026
                                                        2/2




                      villagers and there is dispute over demarcation of land between

                      both the parties. Allegation is general and omnibus against these

                      petitioners. Rest of the allegations are ornamental in nature to

                      make the case grave . Petitioners claim clean antecedent.

                      Similarly situated co-accused persons have already granted bail

                      by this Court vide order dated 11.12.2025 in Cr. Misc. No.

                      80107 of 2025 .

                                   5 . Learned counsel for the State oppose the bail

                      petition .

                                   6 Considering the nature of injury , clean antecedent

                      of these petitioners and other circumstances of the case , in the

                      event of arrest or surrender within eight weeks from today, let

                      the petitioners, as named above, be enlarged on bail on

                      furnishing bail bond of Rs.10,000/-(ten thousand) each with two

                      sureties of the like amount each to the satisfaction of the learned

                      Judicial Magistrate, First Class, Benipatti, Madhubani in

                      connection with Madhwapur P.S. Case No. 79 of 2025 , subject

                      to the conditions laid down under section 482 ( 2 ) of the

                      Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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