Patna High Court
Deepak Kumar @ Chhotu KumarversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail.
Summary
The petitioner, Deepak Kumar, was arrested in connection with a case alleging assault, threats, and extortion under several sections of the Indian Penal Code. The prosecution alleged that the petitioner and a relative had a physical relationship with the informant, threatened to make a video viral, and extorted Rs. 3,00,000. The petitioner contended that the allegations were false, motivated by a land dispute, and that the FIR lacked a date of occurrence and clear evidence. The court examined the credibility of the allegations, the absence of a criminal antecedent, and the petitioner’s prolonged pre‑trial detention. Finding the case to be weak and suspect of being fabricated, the court decided to grant regular bail on the condition of a cash bond and sureties. The petitioner was ordered to be released on bail.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges under the IPC
- Whether the allegations constitute a false case intended to harass the petitioner and affect bail considerations
- Whether the lack of a specific date of occurrence in the FIR impacts the grant of bail
Legislation cited
- Indian Penal Code — s. 303(2), 3(5), 351(2), 352, 64(1)
Subjects
- bail
- Indian Penal Code
- false case
- extortion
- assault
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10666 of 2026
Arising Out of PS. Case No.-761 Year-2025 Thana- MANER District- Patna
======================================================
Deepak Kumar @ Chhotu Kumar S/O Ram Ayodhya Rai Resident Of Village-
Sahalichak, Ps- Maner, Dist.- Patna
... ... Petitioner/s
Versus
1. The State Of Bihar Patna
2. XXX Wife Of YYY Resident Of Village- Sahalichak, Ps- Maner, Dist.-
Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 64(1), 352,
351(2), 303(2) and 3(5) of BNS.
3. The case of the prosecution is that the sons of one
Ramayodhya Rai have established physical relationship with the
informant on the assurance of love and affection and she has
also having a son out of relation from Chandan one of the sons
of Ramayodhya Rai. It is alleged that as she has denied to talk to
them and establish relationship with them, the petitioner and
Chandan used to threaten her of making her video viral. It is
Patna High Court CR. MISC. No.10666 of 2026(2) dt.24-02-2026
2/3
further alleged that they have also taken Rs. 3,00,000/- from her
and have snatched her jewellery.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that there is no date of the occurrence and there is
lame allegation against this petitioner along with Chandan sons
of Ramayodhya Rai are establishing physical relationship with
her on the assurance of love and affection. Main thrust of
allegation is that both of them are threatening her of making the
video and photograph viral. Learned counsel has also submitted
that the fact is that the petitioner is cousin brother-in-law of the
informant and there is some land in the name of petitioner’s
father which the informant wants to grab on the basis of this
false case. From perusal of the FIR, itself is clear that the
informant has got no objection regarding physical relationship.
Her objection is that the petitioner and Chandan are threatening
to make the video viral. It is not clear whether the video has
been made viral or not. As far as allegation regarding
blackmailing of three lakhs rupees is concerned that too seems
to be an attempt to grab the land. Learned counsel has further
submitted that Annexure-P/2 is the application given by the
Patna High Court CR. MISC. No.10666 of 2026(2) dt.24-02-2026
3/3
informant in the police station wherein she has alleged that only
Chandan has established physical relationship with her and has
taken Rs. 3,00,000/- from her and now she has extended the
allegation up to this petitioner. A statement has been made in
para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody since
12.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Maner P.S. Case No. 761 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned J.M.- 1st Class, Danapur,
Patna.
(Ashok Kumar Pandey, J)
shubham/-
U T
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