Patna High Court
Deepu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to monetary sureties and specific conditions.
Summary
The petitioners, Deepu Kumar and Muskan @ Najani with her husband Md. Khurshid Alam, were in custody for offences under Sections 103(1), 61(2) and 3(5) of the Bihar Negotiable Substances Act (BNS) arising from a murder case. The prosecution’s case relied mainly on a confessional statement of a co‑accused, Pramod Kumar, linking the petitioners to the alleged crime, while the petitioners themselves were not named in the FIR. The petitioners argued that there was no specific allegation of assault against them and that bail had been granted to a similarly situated co‑accused. The State opposed bail, contending the seriousness of the offences. The Court, after considering the circumstances, ordered the release of the petitioners on bail of Rs. 10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused under Sections 103(1), 61(2) and 3(5) of the BNS despite the reliance on a co‑accused’s confessional statement.
- Whether the absence of a specific allegation of assault against the petitioners warrants bail.
- Whether the conditions imposed by the Court are sufficient to safeguard the trial process.
Legislation cited
- Bihar Negotiable Substances Act — s. 103(1), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- confessional statement
- BNS
- Sections 103, 61, 3
- conditions of bail
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13343 of 2026
Arising Out of PS. Case No.-269 Year-2025 Thana- PARASBIGHA District- Jehanabad
======================================================
Deepu Kumar S/o Shambhu Prasad R/o Village - Fida Hussain Road, Ward
No. 6, Jehanabad, P.S - Jehanabad, District - Jehanabad
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
with
CRIMINAL MISCELLANEOUS No. 20901 of 2026
Arising Out of PS. Case No.-269 Year-2025 Thana- PARASBIGHA District- Jehanabad
======================================================
1. Muskan @ Najani Wife of Md. Khurshid Alam R/o Village - New Mohalla,
P.S. - Jehanabad, Dist. - Jehanabad.
2. Md. Khurshid Alam @ Hiro Son of Late Subhan Sah R/o Village - New
Mohalla, P.S. - Jehanabad, Dist. - Jehanabad.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 13343 of 2026)
For the Petitioner/s : Mr. Uday Kumar
For the Opposite Party/s : Mr. Raj Kishor Singh
For the Informant : Mr. Piyush Kumar Pandey
(In CRIMINAL MISCELLANEOUS No. 20901 of 2026)
For the Petitioner/s : Mr. Rajendra Prasad, Sr. Advocate
: Mr. Ritesh Kumar
For the Opposite Party/s : Mr. Bharat Bhushan
For the Informant : Mr. Piyush Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 15-05-2026 Heard Mr. Rajendra Prasad, learned Senior Counsel
for the petitioners, Mr. Piyush Kumar Pandey, learned counsel
for the informant and Mr. Bharat Bhushan, learned Additional
Public Prosecutor for the State in Criminal Miscellaneous No.
20901 of 2026 and Mr. Uday Kumar, learned Counsel for the
petitioner, Mr. Piyush Kumar Pandey, learned counsel for the
informant and Mr. Raj Kishor Singh, learned Additional Public
Prosecutor for the State in Criminal Miscellaneous No. 13343 of
2026.
Patna High Court CR. MISC. No.13343 of 2026(4) dt.15-05-2026
2/4
2. Petitioners seek bail who is in custody since
19.10.2025 and 13.10.2025 respectively in connection with
Parasbigha P.S. Case No. 269 of 2025 for the offences
punishable under Sections 103(1), 61(2) and 3(5) of BNS.
3. The case of the prosecution, in brief, is that the
informant Md. Amiruddin Ansari is that on 13.10.2025 at about
07:00 hours, the dead body of his son Gupharan Ansari was laid
in the Babhana Sikariya Shakurabad road near the Sikariya
more at bank of bridge and on basis of
information, he went there then he saw that the dead body of his
son laid with blood on neck was cutting. Further, it is alleged
that marriage of his son (deceased) was held on 29.10.2025 and
he also suspected that Muskan Maim and her husband and
unknown person as well as partner were doing murder his son
who were doing work in nurshing home with the deceased son.
Further, it has also been alleged that his son was sweet relation
with Muskan Maim and on this matter the husband and family
member of Muskan Maim were protested therefore this alleged
occurrence was done by the accused-persons on the basis of
which the present case was instituted against the petitioner as
well as other accused-persons.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.13343 of 2026(4) dt.15-05-2026
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initially the petitioners were not named in the FIR and the name
of the petitioners transpired on the basis of confessional
statement of co-accused person, namely, Pramod Kumar, who
has stated that co-accused person, namely, Uttam Kumar has cut
the neck of the deceased and the petitioners were accompanied
with the co-accused person, namely, Uttam Kumar. It is next
submitted that there is no specific allegation of assault or overt
act against the petitioners and similarly situated co-accused
person, namely, Pramod Kumar, who has confessed the name of
the petitioners has been granted bail vide order dated
02.04.2026 passed in Cr. Misc. No. 2919 of 2026 passed by a
Coordinate Bench of this Court and police after investigation
has submitted charge-sheet and petitioners are in custody since
19.10.2025 and 13.10.2025 respectively.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, 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 court
of learned District and Additional Sessions Judge-II in
connection with Parasbigha P.S. Case No. 269 of 2025, subject
Patna High Court CR. MISC. No.13343 of 2026(4) dt.15-05-2026
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to the following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Gaurav Sinha/-
U T
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