Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioners, Deepak Kumar and Aman Kumar, applied for anticipatory bail in a case alleging offences under IPC sections 341, 323, 302 and 504, stemming from an alleged assault and death of the informant's father at a temple. They contended that they were falsely implicated, highlighting the absence of any eye‑witness and a post‑mortem report that attributed death to a heart disease rather than assault. The State opposed the bail but could not refute the petitioners' claim of lack of corroborative evidence. The court examined the submissions and, noting the weak evidentiary basis, directed that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the CrPC. The application was therefore allowed, and the personal appearance of the investigating officer was dispensed with.
Issues considered
- Whether anticipatory bail can be granted in a case involving serious charges including murder (IPC 302) when the prosecution evidence is weak.
- Whether the lack of eye‑witnesses and a post‑mortem report indicating death due to natural causes negates the charge of homicide.
- Whether Section 482(2) of the CrPC permits the High Court to grant anticipatory bail in such circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 302, 323, 341, 504
Subjects
- anticipatory bail
- IPC 302
- lack of evidence
- post‑mortem report
- Section 482 CrPC
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14440 of 2026
Arising Out of PS. Case No.-367 Year-2023 Thana- SHIVSAGAR District- Rohtas
======================================================
1. Deepak Kumar Son of Jokhan Singh Resident Of Village- Berukahi Po
-konar Ps -Shivsagar Dist- Rohtas, Bihar
2. Aman Kumar Son of Ramesh Singh @ Ramesh Kumar Resident Of Village-
Berukahi Po -konar Ps -Shivsagar Dist- Rohtas, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tiwari Shwetketu
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 09-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 341, 323, 302 and 504 of the Indian Penal Code.
3. The S.H.O. -cum- Investigating Officer of the
case in compliance of the order dated 31.03.2026 is present
in the Court.
4. The learned counsel for the petitioners submits
that the petitioner no.1 has antecedent of one case and
petitioner no.2 is a person with clean antecedent and the
informant alleges that on 30.08.2023 at about 2.00 P.M., his
Patna High Court CR. MISC. No.14440 of 2026(3) dt.09-04-2026
2/4
father Mahendra Sah (deceased) was sitting at the temple
when accused persons including the petitioners came and
started abusing him, on objection by his father, petitioners
caught his collar and started strangulating him on account
of which his father collapsed on the ground and thereafter
petitioners climbed on his chest and started pressing.
Further, Manoj said that his father has not died, hence the
accused strangulated him on account of which his father
died on the spot.
5. The learned counsel for the petitioners submits
that petitioners have been falsely implicated in the instant
case by the informant. It is next submitted that from perusal
of the allegations as alleged in the FIR, it would manifest
that informant is not an eye witness to the occurrence, but
then, with such precision he has alleged that who assaulted
his father and in what manner. It is further submitted that
during course of investigation, even no eye witness has
come forward to support the case of the prosecution when it
is alleged that father of the informant was sitting in a temple
where the occurrence is alleged to have taken place. It is
also submitted that even the post mortem report does not
Patna High Court CR. MISC. No.14440 of 2026(3) dt.09-04-2026
3/4
corroborate the allegation of assault as alleged in the FIR as
the post mortem report records cause of death on account of
disease relating to heart. It is further submitted that police
for reasons best known for the last three years is
investigating the case, the reason is obvious why.
6. Learned A.P.P. opposes the anticipatory bail
application, but then, is not in a position to rebut the
submission of the learned counsel appearing on behalf of
the petitioners based on instruction and after perusing the
case diary that there is no eye witness to the occurrence and
the cause of death as recorded in the post mortem does not
corroborate the allegations alleged in the FIR.
7. Considering the submissions made by the
learned counsel for the petitioners, the petitioners, above-
named, in the event of their arrest or surrender before the
learned Court below within a period of six weeks, are
directed to be released on anticipatory bail on their
furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees
Five Thousand) each with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the
case is pending/successor Court in connection with
Patna High Court CR. MISC. No.14440 of 2026(3) dt.09-04-2026
4/4
Shivsagar P. S. Case No.367 of 2023, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
8. The application stands allowed.
9. The personal appearance of the S.H.O.-cum-
Investigating Officer is dispensed with.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…