Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Deepak Kumar, applied for anticipatory bail in a case alleging his involvement in the murder of an informant's son under Sections 302 and 34 IPC. The prosecution alleged that the petitioner and others assaulted the victim, leading to his death. The petitioner contended that the allegations were vague, general and that a co‑accused had already been granted anticipatory bail in a similar case. The court noted the precedent and the lack of specific incriminating material against the petitioner. Accordingly, the court granted anticipatory bail subject to a bond and sureties, directing release if arrested within four weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 of the CrPC despite allegations of murder under Sections 302 and 34 IPC.
- Whether the general and omnibus nature of the allegations precludes the grant of bail.
- Whether the grant of anticipatory bail to a similarly situated co‑accused is determinative.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 302 IPC
- Section 34 IPC
- Section 438 CrPC
- Section 482 BNSS
- murder
- bail jurisprudence
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14556 of 2026
Arising Out of PS. Case No.-95 Year-2022 Thana- PAROO District- Muzaffarpur
======================================================
Deepak Kumar S/O Satyanarayan Bhagat R/O Vill.- Bahdinpur, P.S- Paroo,
Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey
For the Opposite Party/s : Mr. Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Paroo Police Station Case No. 95 of 2022,
disclosing offences under Sections 302 and 34 of the Indian
Penal Code.
3. As per the prosecution case, on 06.03.2022, in
the afternoon, Vijay Bhagat, son of Satyanarayan Bhagat, came
to the house of the informant and took his son Ashutosh alias
Munna with him. Both Vijay Bhagat and Ashutosh Kumar alias
Munna were friends. It has further been alleged that when the
informant's son did not return in the night, then in the early
morning, at about 4 a.m., the informant and his son and other
family members went to the house of Satyanarayan Bhagat and
Patna High Court CR. MISC. No.14556 of 2026(2) dt.25-03-2026
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saw that fifteen to twenty persons were standing there. The co-
accused, Satyanarayan Bhagat and his family members, said that
informant's son met with an accident and thereafter, the
petitioner and other accused persons brought his son Ashutosh
Kumar alias Munna from the house by dragging and assaulting
him. It has further been alleged that the co-accused persons
named in the FIR, including the petitioner, badly assaulted the
informant's son with lathi, danda due to which he died.
4. Learned counsel for the petitioner submits that
the petitioner has not committed any offence in the manner
alleged and the allegation against him is general and omnibus in
nature. He further submits that on the same day, Satyanarayan
Bhagat, who is father of the petitioner, has lodged the FIR
against the deceased Ashutosh Kumar alias Munna and his
another friend bearing Paroo PS Case No. 96 of 2022, alleging
that the son of Satyanarayan Bhagat was killed by informant's
son Ashutosh Kumar alias Munna and others after calling the
deceased from his home with a planning. The mob which was
assembled there near the dead body of the brother of the
petitioner attacked the informant's son and due to which
multiple injuries have been caused to the deceased. The co-
accused Brahmadev Bhagat, who is also named in the FIR, has
Patna High Court CR. MISC. No.14556 of 2026(2) dt.25-03-2026
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been granted anticipatory bail by a Co-ordinate Bench of this
Court in Cr. Misc. No. 65756 of 2024 vide order dated
02.12.2024.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
similarly situated co-accused person has been granted
anticipatory bail by a Co-ordinate Bench of this Court, I am
inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, 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 learned Additional Chief Judicial
Magistrate (West) Muzaffarpur, in connection with Paroo Police
Station Case No. 95 of 2022, subject to the condition laid down
under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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