Dipak Kumar @ Dipak Kumar Yadav @ Dipak Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7859 of 2026 Arising Out of PS. Case No.-264 Year-2025 Thana- MADHAURAH District- Saran ====================================================== Dipak Kumar @ Dipak Kumar Yadav @ Dipak Kumar Singh, S/o Bheneshwer Yadav, R/o vill - Purab Tola Silhauri, P.S.- Marhaura/ Madhaurah/Marhawrah, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh, lAdvocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Marhowrah / Marhaura / Madhaurah P.S. Case No. 264 of 2025 registered for the offence punishable under Sections 310(4), 310(5) of B.N.S. read with Sections 25(1-B)(a), 26(2) and 35 of the Arms Act.

3. The case of the prosecution, in short, is that from the possession of this petitioner, one loaded country made pistol, one live cartridge, one mobile and one bike were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.7859 of 2026(2) dt.06-02-2026 2/2 case. Nothing has been recovered from his possession. The witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. Petitioner is languishing in judicial custody since 24.04.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of five cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhowrah / Marhaura / Madhaurah P.S. Case No. 264 of 2025 with the condition that petitioner shall cooperate in the trial and shall remain physically present on each and every date. (Ashok Kumar Pandey, J) lata/- U T