Patna High Court
Deepak Singh @ Dipan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail may be granted due to the prolonged custody, trial delay, and lack of conclusive evidence.
Summary
The petitioner, Deepak Singh, was arrested in connection with a case registered under Sections 302, 307, 34, 120(B) of the Indian Penal Code and Section 27(3) of the Arms Act, alleging his involvement in a murder. He applied for regular bail, claiming innocence and asserting that the allegations against him were general and omnibus. The State opposed the bail, emphasizing the seriousness of the offences. The court noted that only two of five witnesses had been examined, the petitioner had been in custody since 28‑12‑2024, and there was a considerable delay in the trial. Considering these factors, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to cooperate with the trial proceedings. The order expressly stated that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail can be granted in a case involving murder, attempt to murder, conspiracy and arms offences.
- Whether the period of custody and delay in trial justify the grant of bail.
Legislation cited
- Arms Act — s. 27(3)
- Indian Penal Code — s. 120(B), 302, 307, 34
Subjects
- regular bail
- murder
- attempt to murder
- conspiracy
- Arms Act
- trial delay
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15447 of 2026
Arising Out of PS. Case No.-66 Year-2023 Thana- PASRAHA District- Khagaria
======================================================
Deepak Singh @ Dipan Singh Son of Sikandra Singh @ Sikandar Singh
Resident of Village- Piparpanti, P.S.- Pasraha, District- Khagaria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bhim Kumar Yadav, Adv.
For the Opposite Party/s : Mr. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
S.T. No. 140 of 2025 arising out of Pasraha P.S. Case No. 66 of
2023 registered for the offence under Sections 302, 307, 34,
120(B) of I.P.C. read with Section 27(3) of Arms Act.
3. As per the prosecution case, the petitioner and
others are said to have killed the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. There
is general and omnibus allegation against the petitioner. The
petitioner is in custody since 28.12.2024.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. In the trial, two out of five witnesses have been
examined.
7. Considering the allegation, period of custody and
Patna High Court CR. MISC. No.15447 of 2026(3) dt.13-05-2026
2/2
delay in trial, this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with S.T. No. 140 of
2025 arising out of Pasraha P.S. Case No. 66 of 2023 with
condition that:-
(i) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trail and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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