Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted regular bail to the petitioner.
Summary
Deepak Kumar was arrested in a case registered under Section 309(4) of the B.N.S. for allegedly stopping an informant, snatching his motorcycle and mobile phone, and attempting to kill him. He sought regular bail, asserting his innocence, lack of any recovered stolen property, no criminal antecedent, and noting that a similarly situated co‑accused had already been granted bail. The State opposed the bail application. The court examined the facts, the petitioner’s young age (about 19 years), the filing of the charge sheet, and the absence of any risk of absconding or evidence tampering. It ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, satisfying the learned CJM, Darbhanga. The order was delivered by Justice Sunil Dutta Mishra.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 309(4) of the B.N.S. considering the alleged offences and the circumstances of the case
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- regular bail
- Section 309(4)
- B.N.S.
- criminal miscellaneous
- no criminal antecedent
- co‑accused bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10901 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- KAMTAUL District- Darbhanga
======================================================
Deepak Kumar Son of Shankar Raut Resident of Village- Kachhua, P.S.-
Jalley, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ugranath Mallik, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered
under Section 309(4) of the B.N.S.
3. As per prosecution case, it is alleged that two
accused persons including petitioner stopped the informant
while he along with Prabhu Sada was going on his motorcycle
and snatched the motorcycle and mobile phone of the informant
and tried to kill him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing has been recovered from conscious possession of
the petitioner. Similarly situated co-accused, namely, Brij
Mohan Kumar @ Mohan has already been granted regular bail
Patna High Court CR. MISC. No.10901 of 2026(2) dt.24-02-2026
2/2
by this Court vide order dated 17.02.2026 passed in Cr. Misc.
No.9276 of 2026. The charge sheet has already been submitted
and there is no chance of absconding of the petitioner or
tampering with the evidence. Petitioner is in jail since
09.11.2025 having no criminal antecedent and he undertakes to
cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Considering the facts and circumstances of the
case, submissions of the parties, allegations against the
petitioner, no criminal antecedent of petitioner and the fact that
similarly situated co-accused has already been granted regular
bail, petitioner is a young boy aged about 19 years and the
period of custody undergone by him, let the above named
petitioner be released on bail on furnishing bail bond of
Rs.10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned C.J.M.,
Darbhanga/concerned court in connection with Kamtaul P.S.
Case No.240 of 2025.
(Sunil Dutta Mishra, J)
Harish/-
U T
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