Dipu Malakar @ Dipu Mali Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Dipu Malakar @ Dipu Mali Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail in connection with Muffasil P.S. Case No. 947 of 2024, after framing of charge if not already framed, on bail bonds of Rs. 15,000/- with two sureties of the like amount each, subject to the stated conditions (family-member bailor; attendance on every trial date with liberty to cancel bonds on default on two consecutive dates).

Issue for consideration

Whether the petitioner, arraigned in Muffasil P.S. Case No. 947 of 2024 for offences under the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, is entitled to be released on bail.

Court's answer

Bail granted, the Court being inclined thereto in view of the facts and circumstances of the case, the period of custody of the petitioner, the claim based on parity, and the manner of the petitioner's implication.

Ratio / Principle

Petitioner to be released on bail after framing of charge (if not already framed) on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each to the satisfaction of the court below, subject to conditions: (i) one bailor shall be own/close family member of the petitioner; (ii) appearance on every trial date, with liberty to the Trial Court to cancel the bail bonds on default of appearance on two consecutive dates.

Detailed headnote1 paragraphs

BAIL — GRANTED — Patna High Court, Criminal Miscellaneous No. 78236 of 2025, decided 06-02-2026 (Rudra Prakash Mishra, J). Petitioner sought bail in Muffasil P.S. Case No. 947 of 2024, Gaya, for offences under Sections 190, 191(2), 191(3), 109, 303(2), 317(2), 317(4), 317(5), 111, 125, 132, 121(1) & 121(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act arising from a police raid, on secret information regarding extraction of sand by a sand mafia, at the bank of the Falgu river in which six persons were allegedly apprehended with 21 tractors loaded with sand and one motorcycle. Petitioner in custody since 08.07.2025 and disclosed to bear eight criminal antecedents; defence pleaded false implication, that the petitioner was not apprehended at the spot but named by apprehended co-accused, was neither owner nor driver of any vehicle, and parity with a co-accused already enlarged by this Court on 18.06.2025 in Cr. Misc. No. 35517 of 2025. HELD: bail granted considering the period of custody, the parity claim and the manner of implication — release after framing of charge, if not already framed, on bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each, one bailor to be an own/close family member, and attendance on every trial date, with liberty to the Trial Court to cancel the bonds on default of appearance on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78236 of 2025

Arising Out of PS. Case No.-947 Year-2024 Thana- GAYA MUFASIL District- Gaya

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

Dipu Malakar @ Dipu Mali S/o Naresh Malakar R/o village- Bhadeja Devisthan, P.S- Muffasil, District- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

5 06-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 947 of 2024 instituted for the offence under Sections 190, 191(2), 191(3), 109, 303(2), 317(2), 317(4), 317(5), 111, 125, 132, 121(1) & 121(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

As per prosecution case, on secret information regarding extraction of sand by sand mafia, the police conducted raid at the bank of Falgu river and apprehended six person from the spot with 21 tractors loaded with sand and one motorcycle.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.07.2025. Petitioner

Patna High Court CR. MISC. No.78236 of 2025(5) dt.06-02-2026 2/3

bears eight criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner was not apprehended on the sport. Apprehended co-accused person disclosed the name of the petitioner. Petitioner is neither the owner nor the driver of any of the vehicles in question. Nothing has been recovered from the conscious possession of the petitioner. Other co-accused has been granted bail by this Court vide order dated 18.06.2025, passed in Cr. Misc. No. 35517 of 2025.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and manner of petitioner’s implication, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail, after framing of charge, if not already framed , on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Muffasil P.S. Case No. 947 of 2024, subject

Patna High Court CR. MISC. No.78236 of 2025(5) dt.06-02-2026 3/3

to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Raj Kishore/-

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