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Patna High CourtCR. MISC./31968/2025bail granted

Dipen Kumar @ Bipin Kumar v. The State Of Bihar

2025-05-19Mr. Justice Sourendra Pandey5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31746 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- KARPURIGRAM District- Samastipur ====================================================== Sumit Kumar S/o Suresh Rai R/o Village - Pokhrira P. S. - Samastipur Muffasil Dist. - Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 31968 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- KARPURIGRAM District- Samastipur ====================================================== Dipen Kumar @ Bipin Kumar S/o Mulindra Thakur R/o Village - Pokhrira P.S. - Samastipur (Muffasil), District - Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 32158 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- KARPURIGRAM District- Samastipur ====================================================== Sanjit Kumar @ Sanjeet Kumar S/O Ram Swarup Singh @ Ram Swaroop Singh R/O Village- Sindhiya Khurd, Ward No. 14, P.S.- Karpurigram, Distt.- Samastipur. (Wrongly mentioned in FIR as Ward no. 13) ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 31746 of 2025) For the Petitioner/s :

Mr.Dilip Kumar Roy, Advocate For the Opposite Party/s :

Ms.Meena Sinha, APP (In CRIMINAL MISCELLANEOUS No. 31968 of 2025) For the Petitioner/s :

Mr.Dilip Kumar Roy, Advocate For the Opposite Party/s :

Ms.Meena Sinha, APP (In CRIMINAL MISCELLANEOUS No. 32158 of 2025) For the Petitioner/s :

Ms.Khushi Awadh, Advocate For the Opposite Party/s :

Ms.Meena Sinha, APP ======================================================

2/5 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioners seeks regular bail in connection with Karpurigram P.S. Case No. 22/2025 registered for the offences under Sections 309(4) and 317(2) of B.N.S.

3. As per the prosecution case, the informant who drove e-rickshaw has stated that some person came there and stopped his e-rickshaw and started assaulting him and snatched away his e-rickshaw and tried to flee however, police was present at the place of occurrence and the police party chased and apprehended one of the miscreants namely Dipen Kumar who disclosed the name of other three associates to be Sumit Kumar, Ritesh Kumar and Pritam Kumar.

4. Submission on behalf of petitioner namely Sumit Kumar Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the ground of confessional statement of one coaccused- Dipen Kumar. Learned counsel further submits that the petitioner was not present at the place of occurrence and till date no T.I.P. has been done. Learned counsel further submits that the

3/5 actual reason for the incident was dispute which arose with regard to payment of fare of the e-rickshaw. It is lastly submitted that the petitioner has clean antecedent and is in custody since 21.02.2025.

5. Submission on behalf of petitioner namely Dipen Kumar Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. Learned counsel further submits that no incriminating article has been recovered from the conscious possession of the petitioner and till date no T.I.P. has been done. It is lastly submitted that the petitioner has clean antecedent and is in custody since 21.02.2025.

6. Submission on behalf of petitioner namely Sanjit Kumar Learned counsel for the petitioner submits that petitioner is not named in the FIR and that his name has surfaced in the confessional statement of one co-accused namely Dipen Kumar. Learned counsel for the petitioner submits that petitioner happens to be the owner of the said Toto and the allegation on him is that he in connivance with the accused persons tried for loot of the said Toto. It is lastly submitted that

4/5 the petitioner has clean antecedent and is in custody since 21.02.2025.

7. Learned counsel for the State has opposed the prayer for bail of the petitioners and submits that petitioners along with other accused persons committed loot of the erickshaw of the informant.

8. Considering the aforesaid facts and circumstances of the case and taking into account that no incriminating article has been recovered from the conscious possession of the petitioners and further taking into consideration that the petitioners have no criminal history and they are in judicial custody since 21.02.2025, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) on each of them with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur in connection with Karpurigram P.S. Case No. 22/2025 subject to the conditions :- a. One of the bailors of the petitioners shall be their close relative.

b. The petitioners shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates or

5/5 in violation of the terms of the bail, the bail bond of the petitioners will be liable to the cancelled by the Court concerned.

d. The Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the aforementioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) tusharika/- U T