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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Deepak Kumar, was arrested in connection with a case (Rajepur P.S. Case No.247 of 2025) involving alleged attempt to escape and possession of a mobile phone, while a loaded pistol was recovered from a co-accused. The petitioner contended that no incriminating article was found on him and that he had been falsely implicated, noting that a similarly situated co-accused, Abhishek Kumar, had been released on bail. The prosecution opposed the bail application. The Court considered the allegations in the FIR, the fact that the petitioner had been in custody for six months, the submission of the charge‑sheet, and the precedent of bail granted to the co‑accused. Accordingly, the Court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail under section 317(5) of the Bhartiya Nyaya Sanhita, 2023 and the Arms Act despite the charges and custody period
  • Whether the absence of an incriminating article on the petitioner and the bail granted to a co‑accused justify granting bail

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • Arms Act
  • pre‑trial detention
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13242 of 2026
                   Arising Out of PS. Case No.-247 Year-2025 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Deepak Kumar S/o Nawalkishor Thakur Resident of Village- Bara
                 Bishunpur@ Bara vishunpur, P.S.- Rajepur, District- East Champaran
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Usha Kumari, Advocate
                                                  Mr. Ajay Kumar Dubey, Advocate
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   26-02-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Rajepur P.S. Case

                   no.247 of 2025 registered under section 317(5) of the Bhartiya

                   Nyaya Sanhita, 2023 and sections 25(1-B)(a), 26 and 35 of the

                   Arms Act.

                                 3. As per the prosecution case, on the vehicle in

                   question being signalled to stop, it is stated that the three

                   accused persons made an attempt to escape. While a loaded

                   country made pistol was recovered from the possession of the

                   co-accused Chandrabhushan Bhagat, so far as the petitioner and

                   Abhishek Kumar are concerned, mobile phone was recovered

                   from their possession.

                                 4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the petitioner’s
           Patna High Court CR. MISC. No.13242 of 2026(2) dt.26-02-2026
                                                       2/2




                     possession who has been falsely implicated in the case. Co-

                     accused Abhishek Kumar has been enlarged on bail vide order

                     dated 15.1.2026 passed in Cr. Misc. no. 662 of 2026. The case

                     of the petitioner stands on a similar footing to that of co-accused

                     Abhishek Kumar. The petitioner is in custody since 15.8.2025

                     and chargesheet has been submitted in the case.

                                  5. The application for bail is opposed by learned A.P.P

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations in the FIR, grant of bail

                     to the similarly situated co-accused Abhishek Kumar vide

                     aforesaid order dated 15.1.2026, the petitioner having remained

                     in custody for 6 months since 15.8.2025 and chargesheet having

                     been submitted in the case, the petitioner is directed to be

                     enlarged on bail in connection with Rajepur P.S. Case no.247 of

                     2025 on furnishing bail bond of                 Rs.10,000/- (Rupees Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Chief Judicial Magistrate, Motihari,

                     East Champaran.



                                                 (Partha Sarthy, J)
Shiv/-
U      T


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