Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioners as the court was not inclined to enlarge them on bail.
Summary
The petitioners, Deepak Kumar and Suraj Kumar, were arrested in July 2025 in connection with a shooting incident that resulted in the death of Amit Kumar and injuries to his friend. The prosecution alleges that the petitioners, along with other unidentified persons, fired pistols at the victims, and that weapons, cash and a motorcycle were recovered based on confessional statements of co‑accused Shubham Kumar and Suraj Kumar. The petitioners contend that they were not originally named in the FIR and were later implicated solely on the basis of those confessional statements. The court examined the seriousness of the offences under Sections 61(2), 103(1) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act, as well as the evidentiary value of the co‑accused's confessions. Concluding that the nature of the crime and the material recovered warranted continued custody, the court refused the bail applications.
Issues considered
- Whether bail should be granted to the petitioners in light of the offences alleged under Sections 61(2), 103(1) of the BNS Act and Section 27 of the Arms Act
- Whether confessional statements of a co‑accused can be the sole basis for implicating the petitioners and justifying denial of bail
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103(1), 61(2)
Subjects
- bail
- Arms Act
- confessional statement
- murder
- criminal procedure
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1783 of 2026
Arising Out of PS. Case No.-75 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
======================================================
Deepak Kumar S/O Mintu Yadav Resident of Village - Rajapur, P.S- Singhaul,
District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 9808 of 2026
Arising Out of PS. Case No.-75 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
======================================================
Suraj Kumar S/O Dilip Singh Resident of Village- Machaha, Ward no. 04,
P.S- Singhaul, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 1783 of 2026)
For the Petitioner/s : Mr.Chandan Kumar Kashyap, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
(In CRIMINAL MISCELLANEOUS No. 9808 of 2026)
For the Petitioner/s : Mr.Chandan Kumar Kashyap, Advocate
For the Opposite Party/s : Mr.Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 23-03-2026 Heard Mr.Chandan Kumar Kashyap, learned counsel
for the petitioners, Mr.Abhay Kumar Roy, learned A.P.P. for the
State (In CRIMINAL MISCELLANEOUS No. 1783 of 2026)
and Mr.Anish Chandra, learned A.P.P. for the State (In
CRIMINAL MISCELLANEOUS No. 9808 of 2026).
2. The petitioners seek bail, who are in custody since
Patna High Court CR. MISC. No.1783 of 2026(3) dt.23-03-2026
2/3
15.07.2025 in connection with Lohiya Nagar P.S. Case No. 75
of 2025, F.I.R. dated 14.07.2025 registered for the offence
punishable under Sections 61(2),103(1) of BNS and Section 27
of the Arms Act.
3. The prosecution case, in brief, is that on 14.07.2025
at about 10:50 O'clock, the informant was returning her home
from temple. In the meantime, four F.I.R named accused
persons riding on two bikes armed with 2-2 pistols started firing
at his husband Amit Kumar and his friend Prince @ Nipo. They
also stated both the present petitioners to fire on them. So, the
informant's husband got firearm injury on his chest and severely
injured and his friend also injured. Thereafter, both the injured
were taken to Sadar Hospital where her husband died during
treatment and his friend is under treatment. It has further been
alleged that the aforesaid accused persons used to threaten the
informant to kill. Four to five unknown persons, also co-
operated in the said occurrence.
4. Learned counsel appearing for the petitioners
submits that initially the petitioners were not named in the FIR.
The name of the petitioners has been transpired during
investigation on the basis of the confessional statement of co-
accused person, namely, Shubham Kumar which was recorded
Patna High Court CR. MISC. No.1783 of 2026(3) dt.23-03-2026
3/3
in paragraph-17 of the case diary. Learned counsel for the
petitioners submits that thereafter the petitioner, namely, Suraj
Kumar has also confessed his guilt and both the petitioners have
confessed their guilt in the present occurrence, apart from that,
on the basis of the confessional statement of co-accused person,
namely, Shubham Kumar which was recorded in paragraph-30
of the case diary, cloth of the petitioners and the arms which
were used in the present crime in question and Rs. 71,800/- have
been recovered and thereafter in paragraph-45 of the case diary
that on the basis of the disclosure made by accused Suraj Kumar
Rs. 2,00,000/- and one motorcycle was also recovered.
5. Considering the aforesaid facts, I am not inclined
to enlarge the petitioners on bail in connection with Lohiya
Nagar P.S. Case No. 75 of 2025 pending in the court of learned
Chief Judicial Magistrate, Begusarai.
6. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.