Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3846 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Dipak Kumar S/o- Mr. Pannu Paswan Resident Of Village- Pran Bigha, PsMufasisil, Dist-Nawada ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Vyas Muni S/o- Mr. Sanjay Majhi R/v- Dedaur Tola Krishna Nagar Nadi Par Ps- Mufassil Dist- Nawada ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Vaishnvi Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2026 Heard learned counsel for the Appellant and learned Special Public Prosecutor for the State and perused the case diary.

2. The instant appeal has been filed by the Appellant against the order dated 21.08.2025 passed by Exclusive Special Judge, Spl. Court SC/ST Act, Nawada whereby the prayer for bail of the Appellant in connection with B.P. No. 1202 of 2025, arising out of Nawada Muffasil P.S. Case No. 372 of 2024, under Sections 191(2), 193(3), 190, 109(1), 352, 351(2), 351(3), 326(g), 303(2), 111(3) and 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act and Section 3(1) (f)(g)(r)(s)(w), 3(2)(va), 3(2)(v) of the SC/ST Act, was rejected.

Patna High Court CR. APP (SJ) No.3846 of 2025(4) dt.09-01-2026 2/3

3. Earlier vide order dated 30.01.2025 passed in Criminal Appeal (SJ) No. 5057 of 2024, regular bail of the Appellant was rejected by this Court considering the nature of gravity of the offence, with direction to the learned court below to expedite the trial and conclude the same expeditiously.

4. In compliance of the order dated 15.10.2025 passed in Cr. App. (SJ) No. 4157 of 2025, a report dated 30.10.2025 with regard to the present stage of trial has been received. From perusal of the aforesaid report, it appears that out of sixteen witnesses, seven witnesses have been examined and remaining nine witnesses are yet to be examined.

5. Learned counsel for the Appellant submits that the Appellant is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The name of the Appellant has transpired on the basis of confessional statement of co-accused. Learned counsel for the Appellant further submits that the Appellant has not taken the caste name of the informant in public view. Hence, no offence under the provisions of SC/ST Act is made out against them. The Appellant has no intention to disgrace the image of the informant in public view. Learned counsel for the Appellant further submits that other co-accused has been granted privilege

Patna High Court CR. APP (SJ) No.3846 of 2025(4) dt.09-01-2026 3/3 of bail by this Court on 16.09.2025 passed in Criminal Appeal (SJ) No. 1219 of 2025. The Appellant is in custody since 19.09.2024 and have no criminal antecedent.

6. Learned Special P.P. for the State have vehemently opposed the prayer for grant of bail to the Appellant.

7. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the Appellant, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 21.08.2025 passed by Exclusive Special Judge, Spl. Court SC/ST Act, Nawada, in connection with B.P. No. 1202 of 2025, arising out of Nawada Muffasil P.S. Case No. 372 of 2024, are hereby set aside.

8. Let the Appellant be released on bail 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 Nawada Muffasil P.S. Case No. 372 of 2024.

(Rudra Prakash Mishra, J) manish/- U