Dipak Kumar Sahu @ Bhima Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7080 of 2026 Arising Out of PS. Case No.-410 Year-2025 Thana- BAHADURPUR District- Darbhanga ====================================================== Dipak Kumar Sahu @ Bhima Sahu S/O Late Lakhan Sahu Resident of Village- Darhar, P.S.- Bahadurpur, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 410 of 2025 instituted for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109 & 352 of the Bharatiya Nyaya Sanhita, 2023. Subsequently, Section 103(1) of the BNS was also added.

3.

The prosecution case, in short, is that on 03.09.2025, the informant's father was allegedly surrounded and brutally assaulted at Mohini Chowk by the named accused persons using iron rod, bricks, bamboo and sticks, resulting in severe head injuries. It is further alleged that when the informant and his family members reached to rescue him, they

Patna High Court CR. MISC. No.7080 of 2026(2) dt.04-02-2026 2/3 were also assaulted, and the injured was admitted to D.M.C.H., Darbhanga, who later succumbed to injuries.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.09.2025. Petitioner bears no 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. From perusal of the FIR, it would reveal that there is no specific allegation against the petitioner, rather the same is attributed to co-accused, namely, Rama Paswan and Raushan Sahu. There is general and omnibus allegation levelled against the petitioner. Charge sheet has already been submitted in this case.

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, there being no specific allegation against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

Patna High Court CR. MISC. No.7080 of 2026(2) dt.04-02-2026 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Bahadurpur P.S. Case No. 410 of 2025, subject 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