Patna High Court
Deepak Kumar Keshri @ Deepak KeshriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioner subject to a bond and conditions under Sec. 438(2) Cr.P.C. and Sec. 482(2) B.N.S.S.
Summary
The petitioner, Deepak Kumar Keshri, was charged under Sections 341, 323, 379, 308, 504, 506 and 34 of the IPC for assaulting an informant and his son and allegedly snatching Rs.15-20,000. He sought anticipatory bail, arguing that the incident arose from a sudden market altercation between two vegetable vendors and that there was no intention to cause death, with injuries being simple and caused by a blunt object. The FIR contained general and omnibus allegations, and while two co‑accused were granted bail, the petitioner was initially denied bail because an independent witness identified him as the assailant. The State opposed the grant of anticipatory bail. The Court, noting the petitioner’s clean record, the nature of the altercation, the simple injuries, and the lack of specific motive, granted anticipatory bail subject to a bond of Rs.25,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR’s general and omnibus allegations.
- Whether the petitioner’s clean criminal record and the circumstances of a sudden altercation justify bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 308, 323, 34, 341, 379, 504, 506
Subjects
- anticipatory bail
- assault
- robbery
- IPC
- CrPC
- general and omnibus FIR
- no prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25140 of 2026
Arising Out of PS. Case No.-174 Year-2024 Thana- RAJAON District- Banka
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Deepak Kumar Keshri @ Deepak Keshri S/o Late Dhuri Prasad Keshri @
Late Gauri Shankar Keshri Resident of Village - Punsiya Bazar, Police Station
- Rajoun, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Balram Kapri
For the Opposite Party/s : Mr.Rajiv Nayan
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 341, 323, 379, 308, 504, 506 and 34 of
the Indian Penal Code.
3. Petitioner is said to have assaulted the informant
and his son with lathi and iron rod and snatched 15-20 thousand
rupees.
4. Learned counsel for the petitioner submits that the
petitioner and the informant are both vegetable vendors and on
account of sudden altercation between them in the market, the
present incident took place with no intention or motive to cause
death. It is further submitted that although in the First
Information Report there is general and omnibus allegation on
Patna High Court CR. MISC. No.25140 of 2026(2) dt.30-04-2026
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all the accused persons of assault upon the informant. The other
two accused persons were granted bail by the present order of
the learned Additional District and Sessions Judge. However,
bail was denied to the petitioner only on account of the fact that
subsequently during the course of investigation some
independent witness has stated that it was the petitioner who had
assaulted the victim. The injury report, however, Annexure-P/2
series indicates that both the injuries have been found to be
simple in nature caused by hard and blunt substance.
5. However, learned APP for the State opposes the
grant of anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that there are
general and omnibus allegations in the FIR and the incident took
place upon a sudden altercation between the parties, let the
above named petitioner, who has no criminal antecedent, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/ successor Court in connection with Rajoun Police
Patna High Court CR. MISC. No.25140 of 2026(2) dt.30-04-2026
3/3
Station Case No. 174 of 2024, subject to the condition as laid
down under Section 438 (2) of the Cr.P.C./482 (2) of the
B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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