Created by Fuzzy Cloud

Patna High Court

Deepak Kumar Sah @ Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner subject to stringent conditions.

Summary

The petitioner, Deepak Kumar Sah, was arrested on 15 July 2025 for allegedly defrauding eleven women by promising them jobs and collecting Rs.50,000 from each, subsequently disappearing. He was charged under Sections 316(2), 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The petitioner pleaded for bail, asserting a clean antecedent and willingness to compensate the victims, while the State opposed the bail application. The Court examined the seriousness of the offences, the risk of evidence tampering, and the petitioner’s cooperation, and decided to grant bail. Bail was conditioned on a Rs.10,000 bond with two sureties, a demand draft of Rs.50,000 to the informant, payment of Rs.4,00,000 to other victims within two months, and strict compliance with court directives.

Issues considered

  • Whether bail should be granted to the petitioner despite the gravity of the offences under the Bharatiya Nyay Sanhita.
  • Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.
  • Whether the petitioner’s claim of a clean antecedent and willingness to compensate victims justifies bail.

Legislation cited

Subjects

  • bail
  • fraud
  • false promise of employment
  • Bharatiya Nyay Sanhita
  • criminal code
  • victim compensation
  • surety
  • conditions of bail

Judgment

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.11632 of 2026
                     Arising Out of PS. Case No.-504 Year-2025 Thana- BIDUPUR District- Vaishali
               ======================================================
               Deepak Kumar Sah @ Deepak Kumar S/O Gonelal Sah Resident of village-
               Harail, P.S- Mohiuddin Nagar, Distt.- Samastipur.     ... ... 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. Ashok Kumar Singh, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER

3 03-04-2026                   Heard Mr. Rajeev Ranjan No. Ii, learned counsel for

               the petitioner and Mr. Ashok Kumar Singh learned A.P.P. for the

               State.

                               2. The petitioner seeks bail, who is in custody since

               15.07.2025 in connection with Bidupur P.S. Case No. 504 of

               2025, FIR dated 15.07.2025 registered for the offence under

               Section 316(2), 318(4), 338, 336(3), 340(2), 3(5) of the Bharatiya

               Nyay Sanhita, 2023.

                               3. Allegation against the petitioner is that by giving

               false promise of job, he took Rs,50,000/- each from eleven women

               including the informant and then disappeared and never came to

               village Rahimpur again. On 13.07.2025 when he was seen near

               Rahimpur Ramdev ITI college, he was caught by the villagers and

               brought to the police station.

                           4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.11632 of 2026(3) dt.03-04-2026
                                            2/3




       petitioner has clean antecedent and he has falsely been implicated

       in the present case.

                   5. Learned counsel for the petitioner has filed

       supplementary affidavit stating therein that petitioner is ready to

       pay Rs.4, 50,000/- to the informant and other aggrieved persons.

                   6. The learned Additional Public Prosecutor for the State

       has vehemently opposed the prayer for bail of the petitioner.

                    7. Considering the aforesaid facts and circumstances,

       let the petitioner, above named, be released on bail on furnishing

       bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

       like amount each to the satisfaction of the learned Judicial

       Magistrate-I Class, Vaishali, Hajipur in connection with Bidupur

       P.S. Case No. 504 of 2025, subject to the following conditions:-

                    i. At the time of furnishing bail bond, the petitioner

       shall produce a demand draft of Rs. 50,000/- (Rupees Fifty

       Thousand) in favour of the informant and learned court below is

       directed to handover the said demand draft to the informant or her

       representative and rest amount of Rs. 4,00,000/-(Rupees Four

       Lakhs) shall be paid to other persons, as mentioned in the FIR

       within a period of two months. If the petitioner fails to deposit the

       aforesaid amount to the persons as mentioned in the FIR, the

       informant shall be at liberty to move before the appropriate forum
            Patna High Court CR. MISC. No.11632 of 2026(3) dt.03-04-2026
                                                        3/3




                   for cancellation of bail bond of the petitioner.

                                 ii. Petitioner shall co-operate in the trial and shall be

                    properly represented on each and every date fixed by the court

                    and shall remain physically present as directed by the court and

                    on his absence on two consecutive dates without sufficient

                    reason, his bail bond shall be cancelled by the Court below.

                                 iii. If the petitioner tampers with the evidence or the

                    witnesses, in that case, the prosecution will be at liberty to move

                    for cancellation of bail.

                                 iv. And further condition that the court below shall

                    verify the criminal antecedent of the petitioner and in case at any

                    stage it is found that the petitioner has concealed his criminal

                    antecedent, the court below shall take step for cancellation of bail

                    bond of the petitioner. However, the acceptance of bail bonds in

                    terms of the above-mentioned order shall not be delayed for

                    purpose of or in the name of verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.