Patna High Court

Deepu Kumar @ Dipu KumarversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and two sureties.

Summary

The petitioner, Deepu Kumar, applied for anticipatory bail fearing arrest in a case (Makhdumpur PS Case No. 903 of 2025) registered under several offences of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, 1959. The FIR alleges that a group of twelve accused, including the petitioner, assaulted an informant, breaking his teeth, and that later, at another location, the informant was shot by co‑accused Jeetu Kumar. The petitioner contended that the allegations against him are vague and that the shooting was solely attributable to Jeetu Kumar, asserting false implication. The State opposed the bail. After hearing both sides, the court noted the general nature of the accusations against the petitioner and the specific allegation of firing against the co‑accused, and consequently ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the FIR alleging his participation in assault and firearm offences
Whether the petitioner can be held liable for the alleged firing when the FIR specifically names another co‑accused
Appropriateness of bail conditions under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959

Legislation cited

Arms Act, 1959 — s. 27
Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(2), 126(2), 3(5)

Subjects

anticipatory bail
false implication
assault
firearms
Bharatiya Nyaya Sanhita
Arms Act
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27565 of 2026
                  Arising Out of PS. Case No.-903 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Deepu Kumar @ Dipu Kumar S/O Ram Prasad @ Pujari Yadav R/O Vill.-
                 Vanshraj Bigha, P.S.- Tehta, Dist.- Jehanabad.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Umesh Kumar Gupta, Advocate
                                                 Mr. Rakesh Kumar, Advocate
                 For the Opposite Party/s :      Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   29-04-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Makhdumpur P.S. Case no. 903 of 2025 registered under

                   sections 126(2), 115(2), 117(2), 118(2), 109 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act,

                   1959.

                                 3. As per the prosecution case, informant states that

                   the 12 named accused persons including the petitioner herein

                   started to abuse the informant. On protest he was assaulted

                   which led to the breaking of his teeth. He fell unconscious. It is

                   further stated that on regaining consciousness and on the
Patna High Court CR. MISC. No.27565 of 2026(2) dt.29-04-2026
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          informant going along with his family members to the house of

          Chintu Kumar, Jeetu Kumar opened fire as a result of which the

          informant sustained gunshot injury on his hand.

                       4. Learned counsel for the petitioner submits that

          from the contents of the FIR itself, it would transpire that

          though the occurrence is in two parts, in the first part the

          allegation against the petitioner is general and omnibus in nature

          and in the second part at the house of Chintu Kumar, the

          allegation of opening fire is on co-accused Jeetu Kumar alone.

          The petitioner has been falsely implicated in the case and he

          undertakes to cooperate in the investigation/trial.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations against the petitioner

          being general and omnibus in nature and the allegation of firing

          being on co-accused Jeetu Kumar and not the petitioner herein,

          it is directed that the petitioner above named, in the event of his

          arrest or surrender before the learned Court below within a

          period of four weeks, be released on anticipatory bail in

          connection with Makhdumpur P.S. Case no. 903 of 2025 on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
           Patna High Court CR. MISC. No.27565 of 2026(2) dt.29-04-2026
                                                       3/3




                     two sureties of the like amount each to the satisfaction of the

                     learned Additional Chief Judicial Magistrate-I, Jehanabad.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

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