Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Arms Act — s. 25(1-B)(a), 26, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 317(5)
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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