Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79111 of 2025 Arising Out of PS. Case No.-315 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== DIPU KUMAR S/o Shiv Balak Ray R/o Village- Somgarh, P.S- Sahebganj, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Chakiya P.S. Case No. 315 of 2024 dated 05.10.2024 registered for the offence punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, three miscreants came riding a motorcycle and snatched the gold locket of the informant on gun point and took away Rs. 20,000/- cash and a shoulder bag containing a projector. The name of the petitioner transpired during investigation for being involved in the said robbery.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that F.I.R. has been lodged against
Patna High Court CR. MISC. No.79111 of 2025(2) dt.19-11-2025 2/3 unknown accused persons. It is further submitted that the petitioner has been made accused only on the basis of confessional statement of Raj Kumar Yadav, who has been granted bail vide order dated 10.09.2025 passed in Criminal Miscellaneous No. 61993 of 2025 by a co-ordinate Bench of this Court. Further it is submitted that nothing has been recovered either from conscious possession or from the house of the petitioner. It is also submitted that no T.I.P. has been conducted till date. Lastly, it has been submitted that the petitioner is in custody since 30.05.2025, having one criminal case against him and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Motihari, East Champaran in connection with Chakiya P.S. Case No. 315 of 2024, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every
Patna High Court CR. MISC. No.79111 of 2025(2) dt.19-11-2025 3/3 date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. 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.
5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in the trial court.
(Khatim Reza, J) prabhat/- U T