Patna High Court
Deepak Madhesiya @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted bail to the petitioner, subject to a bond, sureties, and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Deepak Madhesiya, sought bail fearing arrest in a case alleging offences under Sections 137(2) and 140(3) of the B.N.S., 2023, relating to the disappearance of an informant's son who had been employed in his sweet shop. The son went missing on 28‑08‑2025, but the FIR was only lodged on 04‑01‑2026, raising a question of delay. The petitioner claimed he had promptly reported the disappearance on 30‑08‑2025, published notices, and that the matter had been compromised with the informant, with a compromise petition filed before the Chief Judicial Magistrate. He also asserted a clean criminal antecedent. The State opposed bail, but the court, noting the delay, the compromise, and the petitioner’s clean record, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., including verification of antecedents.
Issues considered
- Whether bail can be granted despite the delay between the disappearance and the lodging of the FIR.
- Whether a compromise between the parties affects the court's discretion to grant bail.
- Whether the petitioner’s clean antecedent and the conditions of Section 482(2) of the B.N.S.S. justify bail.
Legislation cited
- B.N.S., 2023 — s. 137(2), 140(3)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- delay in FIR
- compromise petition
- criminal antecedent
- Section 482
- B.N.S.
- B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24428 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Deepak Madhesiya @ Deepak Kumar S/o- Omprakash Madhesiya Resident
of Village- Kuchaikote PS- Kuchaikote Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Adesh Raj Singh, Advocate
For the State : Mr. Madan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing for the State.
2. The petitioner apprehends his arrest in connection
with Kuchaikote P.S. Case No.07 of 2026, for allegedly having
committed offences under Sections 137(2) and 140(3) of the
B.N.S., 2023.
3. As per the prosecution story, which has been lodged
by the informant inter alia, is that his son was working in the
sweet shop of the petitioner and he disappeared on 28.08.2025.
4. The learned counsel for the petitioner submits that
although the son of the petitioner went traceless from
28.08.2025, but he lodged the present F.I.R. on 04.01.2026 and
no explanation has been given for the delay. He further submits
that the petitioner filed a Sanha before the Officer-in-Charge of
Patna High Court CR. MISC. No.24428 of 2026(2) dt.16-04-2026
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the Kuchaikote police station on 30.08.2025 informing therein
that the son of the informant went missing since morning of
28.08.2025. He also published and pasted notice at public
places, with regard to disappearance of the son of the informant
and further the case has been compromised in between the
petitioner and the informant, for which a compromise petition as
well as a petition for permission to compromise has been filed
in the court of the learned Chief Judicial Magistrate, Gopalganj.
It is further submitted that the petitioner has got a clean
antecedent.
5. The learned A.P.P. for the State opposes the prayer
for bail of the petitioner.
6. Considering the rival submissions and after going
through the records, it transpires that the F.I.R. has been lodged
by the informant on 04.01.2026, although his son went missing
on 28.08.2025 and further the informant has compromised the
case with the petitioner and also filed a petition before the
competent court for permission to compromise.
7. Taking into consideration the facts aforesaid, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.24428 of 2026(2) dt.16-04-2026
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sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Gopalganj in connection with
Kuchaikote P.S. Case No.07 of 2026, subject to the conditions
laid down under Section 482(2) of the B.N.S.S. with a further
condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bond in terms of
the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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