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Patna High Court

Deepak Kumar @ Deepak RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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