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2026 DAILYLAW 34658 (PAT)

Dipesh Kumar v. The State of Bihar

CR. MISC./15247/2025 · 2026-01-19

Chandra Shekhar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15247 of 2025 Arising Out of PS. Case No.-404 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Dipesh Kumar, S/o- Late Nand Lal Sahni, Resident of Village- Chak Bazo, P.S- Saraiya, District- Muzaffarpur. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Ranjan No. Ii, Advocate For the Opposite Party/s : Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 3 19-01-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. 2. The accused/petitioner apprehending his arrest in connection with Saraiya P.S. Case No. 404 of 2023 registered for the offences punishable under Sections 326(A), 307 of the Indian Penal Code. 3. The allegation against the petitioner is to throw petrol on the informant/injured from plastic container and, thereafter, throw ignited matchstick, as a result of which he sustained grievous burn injury on his whole body and, thereafter, he was shifted to SKMCH Hospital, Muzaffarpur and finally to a private hospital, where the statement of the informant was recorded, which is the basis of the FIR. 4. It is submitted by learned counsel appearing on Patna High Court CR. MISC. No.15247 of 2025(3) dt.19-01-2026 2/2 behalf of the petitioner that despite of repeated directions of this Court also of learned trial court, the I.O. of this case could not produce the injury report of the informant/injured. It is submitted that petitioner implicated with this case falsely due to previous enmities/land disputes. While concluding argument, it is pointed out that petitioner is a man of clean antecedent. 5. Learned APP while opposing the prayer of anticipatory bail submitted that the allegation to throw ignited matchstick is specifically available against this petitioner after throwing petrol and upon perusal of FIR itself, it appears that the informant received severe burn injury throughout his body and he was not even in position to put his thumb impression on FIR. It is submitted that in view of allegation available through FIR, prima facie it appears that petitioner was under “intention to cause death” of the informant. 6. In view of aforesaid factual submissions and by taking note of fact as the allegation qua causing burn injury is specific against petitioner, accordingly the prayer of anticipatory bail of the petitioner stands rejected. veena/- (Chandra Shekhar Jha, J) U T