Dilip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37454 of 2026 Arising Out of PS. Case No.-513 Year-2025 Thana- CIVIL LINE District- Gaya ====================================================== Dilip Kumar Son of Late Ram Nandan Prasad Resident of VillageGosainbagh, P.S.- Adda Road, Gurudwara Road, P.s.- Kotwali, District- Gaya Jee ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-06-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 319(2), 318(4), 338, 336(3) and 340(2) of the Bhartiya Nyaya Sanhita, 2023.
3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and the informant alleges that petitioner in the year 2024 had given an application along with relevant document showing that his mother died on 28.02.2024, as such, based on such document the petitioner sought death certificate of his mother, accordingly, death certificate was issued on 03.10.2024, but later from newspaper it
2/4 transpired that his mother had not died and is alive, accordingly, the matter was investigated and it was found that his mother is alive, further on 26.01.2025, the petitioner himself gave an application stating that his mother is alive.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that during the course of investigation nothing transpired based on which it can be culled out that petitioner took advantage of the death certificate of his mother. It is further submitted that when no benefit accrued based on the death certificate of his mother, as such, there was no occasion for the petitioner to seek the death certificate of his mother.
5. Learned APP for the State opposes the anticipatory bail application and submits that the FIR has been instituted by an officer of the Municipality and the allegations are serious and the investigation is continuing and if privilege of anticipatory bail is granted, the petitioner may abscond. It is also submitted that the anticipatory bail application has not been sworn by the mother (Meena Devi) of the petitioner, it is thus submitted had the affidavit been sworn by the mother of the petitioner, perhaps some credibility could have been given to the submissions made
3/4 by the learned counsel appearing on behalf of the petitioner.
6. At this stage, the learned counsel appearing on behalf of the petitioner submits that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation. It is also submitted that his mother is willing to become a bailor.
7. After hearing the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Civil Lines P.S. Case No. 513 of 2025, subject to the conditions as laid down under Sections 482(2) of the BNSS.
8. One of the bailor the petitioner shall be his mother, Meena Devi.
9. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at
4/4 liberty to cancel the bail bonds of the petitioner.
10. Let a copy of this order be sent to the concerned police station through the learned Trial Court.
11. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T