Dileep Kumar Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55068 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- Amhara P.S. (I.I.T.A. Bihta) District- Patna ====================================================== Dileep Kumar Pathak S/o Shiba Pathak @ Shivesh Pathak R/o Village- Bilap, Police Station- IIT Amhara, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate.
Mr. Navin Sharma, Advocate.
For the Opposite Party/s :
Mr.Prem Kumar Jha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-08-2025 Heard Mr. Krishna Prasad Singh, learned senior counsel along with Mr. Navin Sharma, learned counsel appearing on behalf of the petitioner and Mr. Prem Kumar Jha, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with IIT Amhara P.S. Case No. 50 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109 and 3(5) B.N.S.
3. As per the allegation made in the F.I.R., all the accused persons including the petitioner assaulted the brother of the informant and others by means of dabiya causing grievous injury.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.55068 of 2025(2) dt.27-08-2025 2/3 petitioner submitted that the petitioner is innocent and he has falsely been implicated in the case. Specific allegation of assaulting the brother of the informant by means of dabia is against co-accused Anand Mukund Pathak. The allegation levelled against the petitioner is general and omnibus. Similarly situated co-accused namely Manoj Pathak has already been granted bail vide order dated 07.08.2025 passed in Cr. Misc. No. 48512 of 2025 by a co-ordinate Bench of this Court.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the nature of allegation made against the petitioner to be general and omnibus and the fact that similarly situated co-accused namely Manoj Pathak has already been granted bail by a co-ordinate Bench of this Court, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Danapur, Patna in connection with IIT Amhara P.S. Case No. 50 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
Patna High Court CR. MISC. No.55068 of 2025(2) dt.27-08-2025 3/3
7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T