Dipanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65273 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- MATIHANI District- Begusarai ====================================================== Dipanshu Kumar S/o Madan Chaudhary @ Munna Chaudhary R/o VillageMatihani, P.S.- Matihani, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prabhat, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-11-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Matihani P.S. Case No. 44 of 2025 instituted for the offences under Sections 329(3), 308(4), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. Prosecution case, in short, is that the petitioner along with 7-8 accused persons allegedly went to the informant's house demanded 1,00,000/- as extortion, and upon ₹ refusal, four of them including the petitioner fired at her son with intent to kill but he escaped unhurt.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.65273 of 2025(4) dt.24-11-2025 2/3 Learned counsel further submitted that from perusal of the FIR, it appears that the allegation of demanding extortion is against co-accused Madan @ Munna and so far as this petitioner is concerned there is no allegation of demand of extortion. Learned counsel further submitted that no person sustained injury in the alleged occurrence. He further contended that there is no recovery of any incriminating article or weapon from the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.07.2025 and has six criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Matihani P.S. Case No. 44 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.65273 of 2025(4) dt.24-11-2025 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T