Dipu Malakar @ Dipu Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73921 of 2025 Arising Out of PS. Case No.-507 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Dipu Malakar @ Dipu Mali S/o Naresh Malakar R/o Village- Bhadeja Devisthan, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mufassil P.S. Case No. 507 of 2024, instituted for the offences punishable under Sections 147, 148, 149, 387, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that co-accused Shrawan Chaudhary and Chulbul Pandey, made threatening calls to the informant and demanded ransom. On the alleged date and time of occurrence, 30-40 accused persons including the petitioner came at the informant's house and made indiscriminate firing.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.73921 of 2025(2) dt.17-10-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation has been attributed against the petitioner rather the same is general and omnibus in nature. Specific allegation of demanding ransom from the informant is against co-accused, namely, Shrawan Chaudhary and Chulbul Pandey. The petitioner is in custody since 03.06.2025 and has got four criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 20.02.2025 passed in Cr. Misc. No. 8934 of 2025.

5. Learned APP 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 and taking into account 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

Patna High Court CR. MISC. No.73921 of 2025(2) dt.17-10-2025 3/3 amount each to the satisfaction of Court below/concerned Court in connection with Mufassil P.S. Case No. 507 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of 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.

(Rudra Prakash Mishra, J) Rajorshi/- U T