Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Arms Act — s. 25(1-b)(a), 26, 27
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 132, 262
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
2/3
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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