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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to monetary bond and specific conditions.

Summary

The petitioner, Deepak Kumar, was charged under Sections 132, 109(1), 262 of the Bhartiya Nyaya Sanhita, 2023 and Sections 25(1‑b)(a), 26 and 27 of the Arms Act for allegedly opening fire on police during a search operation, after which he was injured and arrested. The petitioner claimed innocence, stating that he did not fire at the police and that no weapon was recovered from him, and sought bail despite having three other criminal cases pending. The State opposed the bail on grounds of the seriousness of the offences and the alleged act of firing. The Court, after considering the facts and submissions, granted bail on a cash bond of Rs.10,000 with two sureties, imposing several conditions including regular court appearances and restrictions on tampering with evidence. The order was pronounced by Justice Khatim Reza, and the petitioner was released subject to compliance with the stipulated conditions.

Issues considered

  • What is the appropriateness of granting bail to the petitioner charged with offences under the Bhartiya Nyaya Sanhita and the Arms Act?
  • Whether the petitioner’s claim of innocence and lack of weapon recovery justify bail despite the seriousness of the alleged offences.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • Bhartiya Nyaya Sanhita
  • police encounter
  • false implication
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19557 of 2026
                      Arising Out of PS. Case No.-489 Year-2025 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Deepak Kumar, S/o- Late Pradeep Saw @ Pradeep Kumar, R/v- Shivalapar
                 Ps- Shahapur Dist- Patna
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Archna Aanand, Advocate
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   13-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with

                   Naubatpur P.S. Case No. 489 of 2025 dated 19.08.2025 instituted

                   for the offence punishable under Sections 132, 109(1), 262 of the

                   Bhartiya Nyaya Sanhita, 2023 and Section 25(1-b)(a), 26, 27 of

                   the Arms Act.

                                3. As per the F.I.R., the petitioner who had been

                   apprehended in another case bearing Phulwari Sharif (Janipur) P.S.

                   Case No. 1310 of 2025, allegedly led the police team to a roadside

                   bush for recovery of weapon and mobile phone. During the search,

                   at about 23.30 hours, it is alleged that the petitioner opened fire

                   upon the police party, whereafter the police retaliated and the

                   petitioner sustained firearm injury on his leg and thereafter he was

                   apprehended.
Patna High Court CR. MISC. No.19557 of 2026(3) dt.13-05-2026
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                        4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in this

          case. Learned counsel for the petitioner further submits that the

          petitioner has not made firing upon the informant's side, rather, the

          petitioner himself received bullet injury caused by the police

          persons. There is no recovery of pistol from the possession of the

          petitioner. Lastly, it has been submitted that the petitioner is in

          custody since 10.11.2025 having three criminal cases against him.

          Charge-sheet has been submitted in the case.

                        5. Learned A.P.P. has opposed the prayer for bail of the

          petitioner.

                        6. Having considered the facts and circumstances of the

          case and submissions of learned counsel for the parties, let the

          petitioner be released on bail upon furnishing bail bonds of Rs.

          10,000/- (ten thousand) with two sureties of the like amount each

          to the satisfaction of the learned A.C.J.M-VI, Danapur, Patna in

          connection with Naubatpur P.S. Case No. 489 of 2025, subject to

          the following conditions:-

                          1. Petitioner shall co-operate in the trial and shall be

                          properly represented on each and every date fixed by

                          the Court and on his absence on two consecutive

                          dates without sufficient reason, his bail bond shall be

                          cancelled by the Court below.
          Patna High Court CR. MISC. No.19557 of 2026(3) dt.13-05-2026
                                                      3/3




                                    2. One of the bailors will be his own blood relation,

                                    preferably father, mother, brother, sister and or his

                                    wife.

                                    3. The bailor shall also state on affidavit that he will

                                    inform the court concerned if the petitioner is made

                                    accused in any other case of similar nature after his

                                    release in the present case and thereafter the court

                                    below will be at liberty to initiate the proceeding for

                                    cancellation of bail on ground of misuse.

                                    4. If the petitioner tampers with the evidence or the

                                    witnesses, in that case, the prosecution will be at

                                    liberty to move for cancellation of bail.

                                    5. The petitioner within two weeks after his release

                                    from custody shall appear before the local police

                                    station along with a copy of this order and thereafter

                                    shall appear in the first week of every month to mark

                                    his attendance till conclusion of trial.


                                                                 (Khatim Reza, J)

premchand/-

U


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