Dipak Kumar @ Dipak Paswan Vs The State Of Bihar — Patna HC (2025) — LawSathi Research

Dipak Kumar @ Dipak Paswan Vs The State Of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for pre-arrest bail allowed: petitioner to be released on anticipatory bail by the learned District Court upon arrest or surrender within four weeks, on a bail bond of Rs. 10,000 with two sureties of the like amount each, subject to Section 482 BNSS / Section 438(2) Cr.P.C. conditions; order conditional on verification of the petitioner's criminal antecedents and lapses automatically if any other case is pending against him.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Jamui P.S. Case No. 708 of 2024 (offences under multiple sections of the BNS), should be released on pre-arrest (anticipatory) bail.

Court's answer

Considering the rival submissions, the content of the FIR allegation and the impugned order, the court found that there is a case and counter case between the parties, that the petitioner in self-defence may have caused some injury to the informant, and that the petitioner has clean antecedents; accordingly the petitioner has prima facie made out a case to be released on anticipatory bail.

Ratio / Principle

The learned District Court is directed to release the petitioner on anticipatory bail in the event of his arrest or surrender before it within four weeks, on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to its satisfaction, in connection with Jamui P.S. Case No. 708 of 2024, subject to the conditions laid down under Section 482 of the BNSS / Section 438(2) of the Cr.P.C.

Key takeaways

The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application; if any other case is found pending against the petitioner contrary to what is stated there, this order will lose its force automatically.ratio¶24

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (Purnendu Singh, J) — Petitioner (Dipak Kumar @ Dipak Paswan) apprehending arrest in Jamui P.S. Case No. 708 of 2024, registered under ss.191(2), 191(3), 190, 126(2), 115(2), 118, 329(4), 109, 303(2), 125(a), 125(b), 352, 351(1), 351(2) BNS, wherein the FIR alleges that he along with other accused persons assaulted the informant causing injury. Court noted a case and counter case between the parties, that the petitioner in self-defence may have caused some injury to the informant, and his clean antecedents, and held that he had prima facie made out a case for anticipatory bail. District Court directed to release him upon arrest or surrender within four weeks on a bail bond of Rs. 10,000 with two sureties of the like amount each, subject to s.482 BNSS / s.438(2) Cr.P.C. conditions; order to lose force automatically if verification discloses any other pending case contrary to para 3 of the bail application.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78479 of 2025

Arising Out of PS. Case No.-708 Year-2024 Thana- JAMUI District- Jamui

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

Dipak Kumar @ Dipak Paswan S/O Jogi Paswan Resident of VillageSinghochak, P.S.- Jamui, Dist.- Jamui

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar, Advocate For the Opposite Party/s : Ms.Renu Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 03-12-2025 Heard Mr. Amrendra Kumar, learned counsel

appearing on behalf of the petitioner and Mr. Renu Kumari, learned APP appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Jamui P.S. Case No. 708 of 2024 registered under Sections 191(2),191(3),190,126(2),115(2),118,329(4),109, 303(2),125(a), 125(b),352,351(1),351(2) of the BNS.

As per the allegation made in the FIR, the petitioner along with other accused persons assaulted the informant, causing injury to him .

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties. The allegation as alleged

Patna High Court CR. MISC. No.78479 of 2025(2) dt.03-12-2025 2/3

against the petitioner is not sustainable in the light of the fact that the petitioner in self defense may have caused some injuries without intention. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

Having considered the rival submissions made on behalf of the parties, as well as, having perused the content of allegation made in the FIR and the impugned order, I find that there is case and counter case between the parties and the petitioner, in his self-defence, may have caused some injury on the person of the informant, the petitioner is having clean antecedent, I am of the opinion that the petitioner has, prima facie , made out a case to be released on anticipatory bail.

The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of the like amount each, to the satisfaction of learned District Court where the case is pending in connection with Jamui P.S. Case No. 708 of 2024, subject to the condition as laid down under Section 482 of the

Patna High Court CR. MISC. No.78479 of 2025(2) dt.03-12-2025 3/3

BNSS/438(2) of the Cr.P.C.

8. The learned District Court is directed to verify

the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J)

Ashishsingh/-

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