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Patna High CourtCR. MISC./84318/2025bail granted

Dileep Paswan @ Dileep Kumar v. The State Of Bihar

2026-01-05Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84318 of 2025 Arising out of PS. Case No.-208 Year-2025 Thana- CHOUTARWA District- West Champaran ====================================================== Dileep Paswan @ Dileep Kumar S/o Mahendra Paswan @ Mahendra Hajra R/o Village- Rajabhar, P.S- Majhauliya, Dist- West Champaran (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

2. The petitioner seeks bail in a case instituted for the offences under Sections 137(2), 87, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. He has one criminal antecedent.

3. As per the prosecution case, the informant gave a written report stating that his wife and daughter had gone to attend the call of nature then Babloo Kumar @ Babunand Kumar along with 4-5 unknown persons forcefully took them away. It is further alleged that when the informant went to the house of Babloo Kumar the petitioner and his parents threatened him of dire consequences.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and from bare

2/4 perusal of the FIR, it is evident that he was present at the house and was not involved in the kidnapping of the said victim. It is further submitted that the informant as well as the wife of the informant are in the habit of lodging false case against the petitioner and earlier two cases have been lodged against the petitioner and others by the informant, i.e., Manjhauliya P.S. Case No. 746 of 2024 and Bettiah Muffasil P.S. Case No. 99 of 2025. It is lastly submitted that till date no TIP has been done and the the petitioner is in custody since 13.09.2025 and he has two criminal cases against his name in which he is on bail.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid submissions of learned counsel and taking into account the fact that the petitioner is in custody since 13.09.2025, the petitioner above named, is directed to be released on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Bagaha, West Champaran in connection with Chautarwa P.S. Case No. 208 of 2025, subject to the the following conditions:- (i) One of the bailors will be a

3/4 close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.

(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner except aforementioned two cases and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.

4/4

8. In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, West Champaran within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned. (Sourendra Pandey, J) Vikash/- U T