Dipu Kumar @ Dipu Ray v. The State of Bihar

Patna HC19 Aug 2025CR. MISC./56525/2025

Case brief

AI extract

What is this about?

Dipu Kumar @ Dipu Ray v. The State of Bihar; Patna High Court CRIMINAL MISCELLANEOUS No.56525 of 2025; decision 19-08-2025; Justice Shailendra Singh; regular bail granted; Fatuha P.S. Case No. 940/2024 dated 29.12.2024; Sections 108 and 3(5) of the BNS; petitioner is brother-in-law of deceased; no specific allegation against petitioner in FIR; FIR lodged nine days after occurrence of 21.12.2024; investigation completed; in custody since 07.02.2025; bail bond Rs. 20,000/- with two sureties of like amount each; informant opposed citing killing of deceased and three injuries.

What did the court decide?

Release of the petitioner on regular bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the Court concerned. ¶¶14

Dipu Kumar @ Dipu Ray Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on regular bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the Court concerned.

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Issue for consideration

Whether petitioner Dipu Kumar @ Dipu Ray should be released on regular bail in connection with Fatuha P.S. Case No. 940/2024, registered for offence(s) punishable under Sections 108 and 3(5) of the BNS.

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Court's answer

In deciding on bail, the court took into account that in the FIR there is no specific allegation against the petitioner and that the FIR was registered after nine days of the alleged occurrence.

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Ratio / Principle

The court additionally coupled the custody period of the petitioner and the completion of investigation against him in reaching its decision to release him on bail.

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Key takeaways

The petitioner was ordered to be released on regular bail in connection with Fatuha P.S. Case No. 940/2024 on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the Court concerned.ratio¶¶14

Detailed headnote1 paragraphs

Bail granted. Petitioner Dipu Kumar @ Dipu Ray, stated to be the brother-in-law of the deceased, sought regular bail in connection with Fatuha P.S. Case No. 940/2024 dated 29.12.2024, registered for offence(s) punishable under Sections 108 and 3(5) of the BNS. The informant's side opposed, alleging the petitioner and other in-laws killed the deceased and threw the body out of the house, with three injuries found on the body. Considering that the FIR contained no specific allegation against the petitioner, that the FIR was lodged nine days after the alleged occurrence of 21.12.2024, and coupling the petitioner's custody since 07.02.2025 with completion of investigation against him, the Patna High Court (Justice Shailendra Singh, oral order of 19-08-2025) released the petitioner on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56525 of 2025

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Arising Out of PS. Case No.-940 Year-2024 Thana- FATUA District- Patna

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======================================================

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Dipu Kumar @ Dipu Ray S/O Shankar Ray R/O Village- Pitambrapur, P.SFatuha, Distt.- Patna. ... ... Petitioner/s

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Versus The State of Bihar .. ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bhagya Narayan Jha, Adv. For the State : Mr.Sanjay Kumar Tiwary, APP For the Informant : Mr. Shashi Bhushan Singh, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 19-08-2025

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Heard Mr. Bhagya Narayan Jha, learned counsel for the petitioner, Mr. Sanjay Kumar Tiwary, learned APP for the State and Mr. Shashi Bhushan Singh, learned counsel for the informant.

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Petitioner seeks regular bail in connection with Fatuha P.S. Case No. 940/ 2024 dated 29.12.2024 registered for the offence(s) punishable under Sections 108 and 3(5) of the BNS.

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The main submissions advanced by the petitioner’s counsel are that the petitioner is the brother-in-law of the deceased, he has been living separately from the husband of the deceased for a long time, having no concern with the affairs of the husband of the deceased, in fact, there is land dispute between the petitioner and the husband of the deceased and in order to put pressure upon the petitioner to grab his land, he has been falsely implicated in this case. It is further submitted that the alleged occurrence is said to have taken place on 21.12.2024 but the FIR was lodged nine days thereafter, and marriage of the deceased

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Patna High Court CR. MISC. No.56525 of 2025(2) dt.19-08-2025 2/2

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with co-accused, Diwali Kumar had taken place 10 years ago. It is lastly submitted that the investigation against the petitioner has been completed and he has been languishing in jail since 07.02.2025.

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On the other hand, the learned counsel appearing for the informant has opposed the bail prayer of the petitioner and submits that after killing the deceased, the petitioner and other inlaws of the deceased threw the body out of the house and three injuries were found on the body of the deceased.

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Considering the aforesaid submissions advanced by the petitioner’s counsel and mainly the facts that the petitioner is said to be the brother-in-law of the deceased and in the FIR, there is no specific allegation against him and the FIR was registered after nine days of the alleged occurrence and also coupled with the custody period of the petitioner as well as completion of investigation against him, this court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail in connection with Fatuha P.S. Case No. 940/ 2024 on furnishing bail bond of Rs. 20,000/-( Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

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BKS/-

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U T

Dipu Kumar @ Dipu Ray v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dipu Kumar @ Dipu Ray v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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