Dilip Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81666 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- MANIGACHI District- Darbhanga ====================================================== 1.
Dilip Das S/O Fekan Das Resident of Vill.- Mahauthar (Patai), P.S - Manigachhi, Dist- Darbhanga.
2.
Laltun Das S/O Hira Das @ Hira Lal Das Resident of Vill.- Mahauthar (Patai), P.S - Manigachhi, Dist- Darbhanga.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
02. In the present case, the petitioners seek bail in connection with Manigachhi P.S. Case No. 50 of 2025 registered for the alleged offences under Sections 329(4), 126(2), 115(2), 118(2), 109(1), 352, 3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, the petitioners and other co-accused persons entered into the courtyard of the house of the informant and assaulted the informant and his family members, causing a number of injuries to them.
04. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. In order to save their skin, the informant side has filed
Patna High Court CR. MISC. No.81666 of 2025(2) dt.03-12-2025 2/3 the present case as a counterblast to Manigachhi P.S. Case No. 55 of 2025, which was registered on the fardbeyan of son of coaccused Heera Das, namely Ramsagar, recorded on 21.04.2025 at DMCH, in which Ramsagar was brutally assaulted by the informant side. Admittedly, a scuffle took place between the parties and both sides received injuries in this scuffle. The specific allegation against the petitioners is that they assaulted Manchan Devi with iron rod and Nitish Ray with farsa, respectively, but the injury reports show both the victims received simple injuries and the injuries are not corroborated with the allegation. A number of co-accused persons have been granted anticipatory bail by the different Co-ordinate Benches vide order dated 12.08.2025 passed in Criminal Misc. No. 55751 of 2025 and order dated 08.10.2025 passed in Criminal Misc. No. 71327 of 2025, respectively. The petitioners are having clean antecedent and they are in custody since 22.09.2025. Charge-sheet has been submitted.
05. Learned APP for the State opposes the submission made on behalf of the petitioner.
06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of injuries as alleged against the petitioners and further
Patna High Court CR. MISC. No.81666 of 2025(2) dt.03-12-2025 3/3 considering the counter version and also considering the period of custody of the petitioners along with submission of chargesheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Darbhanga/court concerned in connection with Manigachhi P.S. Case No. 50 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Ashish/- U T