Patna High Court
Deepak Kumar Sah @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 316(2), 318(4), 336(3), 338, 340(2), 3(5)
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
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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
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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
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