Patna High Court
Deepak Kumar @ Ratnesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, in view of the lack of substantive evidence and the petitioner’s prolonged custody, regular bail should be granted.
Summary
The petitioner, Deepak Kumar, brother of the deceased, was arrested on 29‑10‑2024 in connection with a murder case (Nagar P.S. Case No. 669 of 2024) and alleged dowry offences. He sought regular bail, claiming he was falsely implicated and that the deceased had set himself on fire, with the prosecution’s witnesses offering no substantive support. The State opposed the bail, citing the seriousness of the charges under multiple sections of the Bihar Narcotic Substances Act, 2023 and the Dowry Prohibition Act, 1961. The court examined the facts, the length of custody, and the weak evidential material and decided that the petitioner was entitled to bail. Accordingly, bail was granted on a bond of Rs.10,000 with two sureties, subject to the condition that the petitioner cooperate with the trial proceedings.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under serious offences including murder and dowry prohibition.
- Whether the evidence on record justifies denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 108, 238, 3(5), 352, 61(2), 79, 84
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- regular bail
- murder
- dowry prohibition
- Bihar Narcotic Substances Act
- criminal procedure
- evidence
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12453 of 2026
Arising Out of PS. Case No.-669 Year-2024 Thana- MUZAFFARPUR TOWN District-
Muzaffarpur
======================================================
Deepak Kumar @ Ratnesh Kumar Son of Jagdish Choudhary @ Jagdish
Chaudhari R/o Diwan Road near Lohiya College, VTC - Barhanpura, P.O.
and P.S. - Muzaffarpur, Dist. - Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
Mr. Gaurav Prakash
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Nagar P.S. Case No. 669 of 2024, registered under Sections
103(1), 61(2), 238, 108, 84, 352, 79 and 3(5) of the B.N.S.,
2023 as well as sections 3 and 4 of the Dowry Prohibition Act,
1961.
3. The petitioner is the brother of the deceased. The
sister-in-law has alleged that the petitioner and other have killed
the deceased. The petitioner is in custody since 29.10.2024.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. He further submits that the deceased set himself on
fire as a result of which the deceased died. The witnesses and
the informant, who have been examined have not supported the
prosecution case.
6. Learned APP for the State has vehemently opposes
Patna High Court CR. MISC. No.12453 of 2026(3) dt.13-05-2026
2/2
the prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case
and period of custody and deposition of the witnesses, this
application is allowed.
8. Let the petitioner above named, be granted bail
on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of court of District & Additional Sessions
JudgeVIII, Muzaffarpur/concerned court below in connection
with Nagar P.S. Case No. 669 of 2024, subject to the condition
that:-
(i) The petitioner, after being released
on bail is directed to co-operate in the trial either
by appearing personally or through his lawyer in
the trial Court on each and every date fixed in the
trial. Non-compliance of the condition will result in
cancellation of the bail bonds of the petitioner.
(Sandeep Kumar, J)
Vikas/-
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