Patna High Court
Deepak Kumar @ Deepak RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioners Deepak Kumar and Abhinandan Kumar sought anticipatory bail after the police registered a case alleging offences under several IPC sections and the Arms Act, claiming they were armed, demanded extortion, assaulted an informant and stole jewellery. The petitioners contended they were innocent, stating the dispute was a petty altercation with only minor injuries and no firearm injury, and that the charges were exaggerated. The State opposed the bail application. The Court, considering the nature of the accusations and the injuries, granted anticipatory bail, directing that if arrested within eight weeks the petitioners be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also directed compliance with the Chief Judicial Magistrate, Begusarai.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious nature of the alleged offences under the IPC and Arms Act
- Whether the allegations constitute sufficient ground to deny bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Indian Penal Code
- Arms Act
- extortion
- assault
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14724 of 2026
Arising Out of PS. Case No.-102 Year-2024 Thana- BALIYA District- Begusarai
======================================================
1. Deepak Kumar @ Deepak Rai Son of Subhash Ray Resident of Village-
Nauranga Diyara, P.S.- Bairia, District- Begusarai
2. Abhinandan Kumar @ Golu Yadav @ Golu Kumar Son of Subhash Ray
Resident of Village- Nauranga Diyara, P.S.- Bairia, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 447, 387, 323, 307, 379,
504, 506/34 of the Indian Penal Code and Section 27 of the
Arms Act.
3. As per prosecution case, on the incident day,
petitioner no. 1 armed with pistol, demanded rangdari from the
informant and thereafter, all the F.I.R. named accused persons,
including these petitioners, assaulted informant and snatched
jewellery and other articles.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Both
Patna High Court CR. MISC. No.14724 of 2026(2) dt.28-04-2026
2/2
parties are co-villagers and due to petty dispute, altercation took
place between them in which both sides sustained injuries.
Injuries sustained by the injured are simple in nature. It is
further submitted that though there is allegation of firing but no
one sustained any firearms injury. Allegation of assault is
general and omnibus. Rest of the allegations are ornamental
only to make the case grave.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and injuries,
this anticipatory bail is allowed and it is ordered that let the
above named petitioners in the event of their arrest/surrender
before the court below within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Begusarai in connection with Ballia P. S. Case No.
102 of 2024, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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