Patna High Court
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 strict conditions.
Summary
Deepak Kumar was arrested on 15‑12‑2025 in connection with Industrial P.S. Case No. 200 of 2025, based on an FIR dated 14‑12‑2025 alleging offences under Sections 178, 179 and 341 of the Bharatiya Nyay Sanhita, 2023. The prosecution relied on a video recovered from the petitioner’s mobile phone showing a briefcase of Rs.500 notes and on the seizure of paper bundles resembling currency and nine seals from his house. The petitioner contended that he has a clean antecedent, was falsely implicated, and that the FIR was filed solely on the basis of the video without substantive evidence. The Additional Public Prosecutor opposed bail, arguing that material was recovered from the petitioner’s premises. The court, after considering the circumstances, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, physical presence, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite the nature of the offences under Sections 178, 179 and 341 of the Bharatiya Nyay Sanhita, 2023.
- Whether the evidence seized (video, cash, paper bundles, seals) justifies continued custody.
- Whether there is a risk of tampering with evidence or witnesses that would preclude bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 178, 179, 341
Subjects
- bail
- criminal procedure
- Sections 178 179 341
- Bharatiya Nyay Sanhita
- evidence seizure
- industrial case
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11790 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- INDUSTRIAL District- Bhagalpur
======================================================
Deepak Kumar Son of Narayan Choudhary Resident of village - Laukaha,
P.S.- Laukaha, District - Supaul at present resident of Forbesganj, Ward No.-
08, P.S.- Forbesganj, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 29-04-2026 Heard Mr. Sunil Kumar, learned counsel for the
petitioner as well as Mr. Surendra Prasad Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.12.2025 in connection with Industrial P.S. Case No. 200 of
2025, F.I.R. dated 14.12.2025 for the offences punishable under
Sections 178, 179 and 341 of the Bharatiya Nyay Sanhita, 2023.
3. According to the prosecution case, the informant
alleged that on the basis of the confessional statement of one
Ganesh Kumar Bhagat, the police interrogated the petitioner.
During the search of his mobile phone, a video showing a
briefcase full of Rs. 500 notes was found. Additionally, a large
quantity of paper bundles resembling Rs. 500 currency notes,
Patna High Court CR. MISC. No.11790 of 2026(4) dt.29-04-2026
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along with nine seals, were recovered from his house.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. It appears from the FIR that only
on the basis of video footage, the present FIR has been instituted
against the petitioner and other co-accused persons. Although
some articles have been recovered from the house of the
petitioner but from bare perusal of the FIR it appears that no
case is made out against the petitioner under the Bharatiya Nyay
Sanhita, 2023. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 15.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that recovery have been made from the house of the
petitioner however he fairly submits that no case is made out
against the petitioner solely on the basis of the seizure list or the
alleged recoveries from the petitioner’s house.
6. 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 A.C.J.M-
Patna High Court CR. MISC. No.11790 of 2026(4) dt.29-04-2026
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1st, Bhagalpur in connection with Industrial P.S. Case No. 200
of 2025, subject to the following conditions:-
i. 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.
ii. 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.
iii. 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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