Dipak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14024 of 2025 Arising Out of PS. Case No.-343 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== 1.
Dipak Kumar, Son of Vijay Mahto, Resident of - B.M.R Road, P.S.- Alamganj, District- Patna 2.
Lucky Raj, Son of Vijay Mahto, Resident of - B.M.R Road, P.S.- Alamganj, District- Patna 3.
Kumar Samir, Son of Vijay Mahto, Resident of - B.M.R Road, P.S.- Alamganj, District- Patna 4.
Sumit Kumar, Son of Vijay Mahto, Resident of - B.M.R Road, P.S.- Alamganj, District- Patna 5.
Ajit Kumar, Son of Ajay Mahto, Resident of - B.M.R Road, P.S.- Alamganj, District- Patna 6.
Abhishek Kumar, Son of Ajay Mahto, Resident of - B.M.R Road, P.S.- Alamganj, District- Patna 7.
Kumar Nishant @ Nishant Kumar, Son of Mat Ram Mahto, Resident of - B.M.R Road, P.S.- Alamganj, District- Patna ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Sudish Kumar, Advocate.
Mr. Birendra Prasad Chaudhary, Advocate.
For the State :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 28-03-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Alamganj PS. Case No. 343 of 2024 dated 24.04.2024, registered for the offences punishable under Sections 147, 148, 149, 323, 387, 379, 504, 506, 448 and 427 of the Indian Penal
Patna High Court CR. MISC. No.14024 of 2025(2) dt.28-03-2025 2/3 Code.
3. As per allegation, the petitioners and other coaccused entered into the house of the informant and assaulted him and also one of the co-accused Prem Kumar demanded rangdari of Rs.10,00,000/-.
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that specific allegation of demanding rangdari is against co-accused Prem Kumar and allegation against the petitioners and other co-accused is general and omnibus in nature.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioners have been made accused in three cases in which they are on bail.
7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender
Patna High Court CR. MISC. No.14024 of 2025(2) dt.28-03-2025 3/3 before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VI, Patna City, in connection with Alamganj PS. Case No. 343 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) S.Ali/- U T