Patna High Court
Deepak Kumar @ Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Deepak Kumar, was arrested in connection with a robbery and armed assault alleged to have occurred on 12-08-2025, involving theft of an iPhone and gold chain. The FIR did not name him; his name emerged later during investigation, and no stolen items were recovered from his possession. The petitioner claimed false implication and highlighted his custody since 22-08-2025 and three prior criminal antecedents. The State opposed bail, citing the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The court, considering the lack of incriminating evidence, the petitioner’s non‑naming in the FIR, and the period of custody, granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding appearance and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite being implicated in offences under Sections 309(4), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
- Whether the absence of the petitioner’s name in the FIR and lack of recovered stolen articles justify granting bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 3(5)
Subjects
- bail
- false implication
- robbery
- armed assault
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal antecedents
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2472 of 2026
Arising Out of PS. Case No.-1310 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Deepak Kumar @ Dipak Kumar S/o Late Pradip Saw @ Pradeep Kumar R/O-
Shivalapar, P.S.- Shahpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd Singh, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Phulwari Sharif (Janipur) P.S. Case No. 1310 of 2025 instituted
for the offences under Sections 309(4), 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 27 of the Arms Act
3. Prosecution case, in short, is that on 12.08.2025,
three persons came on a motorcycle in front of the informant’s
shop, where two of them, after taking out pistols, snatched his
Apple mobile phone and gold chain; upon resistance, a scuffle
took place and the accused fled away firing.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.2472 of 2026(2) dt.21-01-2026
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Petitioner is not named in the F.I.R. The name of the petitioner
transpired in this case during investigation. No
incriminating/looted article has been recovered from the
conscious possession of the petitioner. Learned counsel further
submitted that petitioner has got no concern with the looted
articles. It has been submitted on behalf of the petitioner that the
petitioner is in custody since 22.08.2025 and has three criminal
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Phulwari Sharif
(Janipur) P.S. Case No. 1310 of 2025, subject to the following
conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.2472 of 2026(2) dt.21-01-2026
3/3
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) 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.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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