Dipak Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35548 of 2026 Arising Out of PS. Case No.-343 Year-2024 Thana- SIKANDRA District- Jamui ====================================================== 1.

Dipak Kumar @ Deepak Kumar S/O Arun Saw @ Arun Kumar R/O VillageMirjaganj, P.S.- Sikandara, District- Jamui. 2.

Rishu Kumar S/O Arun Saw @ Arun Kumar R/O Village- Mirjaganj, P.S.- Sikandara, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-06-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. This is the 2nd attempt of the petitioners seeking bail in connection with Sikandra P.S. Case No. 343 of 2024 registered for the offence under Sections 109, 61(2), 352 & 3(5) of the B.N.S. read with Section 27 of the Arms Act, later on Section 103(1) of the B.N.S. was also added.

3. Earlier, the bail application of the petitioners were rejected on 04.09.2025 in Cr. Misc. No. 35396 of 2025 which reads as follows:- "Heard the learned counsel for the petitioners and learned APP for the State.

2. A copy of the brief be handed over upon the learned APP for the State;

Patna High Court CR. MISC. No.35548 of 2026(2) dt.30-06-2026 2/3 Sri Jharkhandi Upadhyay.

3. The petitioners seek regular bail in connection with Sikandra P.S.

Case No. 343 of 2024 registered for the offence under Sections 109, 61(2), 352, 3(5) of the BNS and Section 27 of the Arms Act. Later on Section 103(1) was added.

4. The petitioners are named in the FIR. They are said to have gone to the house of the deceased along with an unknown person who shot at them. The petitioners are in custody since 07.11.2024.

5. Considering the fact that the petitioners have participated and conspired in the killing of the deceased, I am not inclined to grant regular bail to the petitioners.

6. From the records of the case, it appears that a perfunctory investigation has been done by the Police. The petitioners were not taken on remand;

they could have been taken on remand and their narco test could have been done to find out the name of the killer but nothing has been done.

7. This kind of perfunctory investigation leads to injustice for the deceased and his family.

8. The D.G.P., Bihar is directed to take steps for proper investigation of the case through an SIT after obtaining permission from the Court for further investigation.

9. The D.G.P., Bihar will also examine as to how the Superintendent of Police, Jamui is supervising these kinds of cases which have not been properly investigated and directed for submission of charge-sheet without proper investigation.

Patna High Court CR. MISC. No.35548 of 2026(2) dt.30-06-2026 3/3

10. Let a copy of this order be communicated to the D.G.P., Bihar through FAX for its compliance forthwith.

11.

With the aforesaid observation(s) and direction(s), this application for regular bail stands rejected."

4. The trial has started and charges have been framed.

5. Considering the gravity of the offence and the fact that the trial has started, I am not inclined to review my earlier order.

6. Accordingly, this application is dismissed. (Sandeep Kumar, J) sadique/- U T