Patna High Court
Deepak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
Anticipatory bail is granted to petitioner no.2 but denied to petitioner no.1, the former due to clean antecedent and risk of false accusation, the latter because of his criminal history.
Summary
The petitioners, Deepak Kumar Singh and Amit Kumar, were implicated in a robbery case (Lakri Nabiganj P.S. Case No. 01 of 2026) based solely on the confessional statement of co‑accused Suryabhan Prasad, with no other material linking them. They sought anticipatory bail, claiming innocence and alleging false accusation. The State opposed the relief. The High Court, considering the clean antecedent of petitioner no.2 (Amit Kumar) and the possibility of false implication, granted anticipatory bail to him subject to bail bonds, sureties and personal attendance conditions under Section 482(2) of the CrPC. Conversely, the Court denied anticipatory bail to petitioner no.1 (Deepak Kumar) due to his prior criminal record. The order thus provides selective anticipatory bail based on individual antecedents and evidentiary considerations.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482 CrPC given the sole reliance on a co‑accused's confessional statement.
- Whether the prior criminal antecedent of petitioner no.1 precludes the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 482 CrPC
- false accusation
- criminal antecedent
- bail conditions
- robbery
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24348 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- Lakdi Naviganj District- Siwan
======================================================
1. Deepak Kumar Singh S/o- Sudama Singh Resident of Village- Ramghat
Masrakh P.S- Masrakh, Dist- Saran
2. Amit Kumar @ Golu Singh @ Amit Kumar Singh S/o- Sunil Singh Resident
of Village- Gopalpur P.S- Lakri Nabiganj, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mrs.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioner are
apprehending their arrest in connection with Lakri Nabiganj P.S.
Case No. 01 of 2026 registered for the offences under Section
309(4) of B.N.S.
3. As per prosecution case, two miscreants in
police uniform stopped the four wheeler of the informant
claiming that there was liquor in the vehicle. When the
informant rolled down his window glass, the miscreants took
away mobile phone kept on the dashboard and attacked the
informant with knife and snatched Rs.25,000/-. The name of the
Patna High Court CR. MISC. No.24348 of 2026(2) dt.24-04-2026
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petitioners transpired during investigation for being involved in
the said occurrence.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been implicated in
this case. The petitioners have been made accused in this case
on the basis of confessional statement of co-accused Suryabhan
Prasad otherwise there is no material against the petitioners.
Learned counsel further submits that the co-accused Suryabhan
has been granted bail by the learned trial court. The petitioners
are not named in the FIR and no material has come against them
during investigation except confessional statement. Learned
counsel further submits that the petitioner no. 1 is having
antecedent of two cases and he is on bail in both the cases. The
petitioner no. 2 is having clean antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
clean antecedent of petitioner no. 2 and further considering the
possibility of false accusation against him, let the petitioner no.
2 above named, in the event of his arrest or surrender before the
court concerned within a period of eight weeks from today, be
Patna High Court CR. MISC. No.24348 of 2026(2) dt.24-04-2026
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released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. I,
Siwan/concerned court in connection with Lakri Nabiganj P.S.
Case No. 01 of 2026, subject to the condition as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions :
(i) One of the bailors will be a close relative
of the petitioner no. 2.
(ii) The petitioner no. 2 will remain present
on each and every date fixed by the court
below, if so required by the learned trial
court.
7. So far as petitioner no. 1 is concerned, since he has
criminal antecedent, I am not inclined to grant him anticipatory
bail and hence, his prayer for anticipatory bail is rejected.
(Arun Kumar Jha, J)
DKS/-
U T
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