Patna High Court
Deepak Kumar Sah @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that the petitioner is entitled to bail as the alleged conduct does not amount to a serious injury and the prosecution evidence is insufficient, allowing bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Deepak Kumar, was charged in Simri Bakhtiyarpur PS Case No.311 of 2025 under multiple sections of the Bharatiya Nyaya Sanhita, 2023, for allegedly pelting stones, brick‑battering and damaging the informant's vehicle during a land‑execution operation. The prosecution alleged that the petitioner, along with others, attacked the informant’s party, causing injury and vehicle damage. The petitioner contended that only property damage occurred, no assault on the informant, the injury was minor and reported late, and he had no prior criminal record. The State opposed bail, but the court noted the lack of serious injury, the similarity of co‑accused who had been granted bail, and the adequacy of bail conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions, and allowed the application.
Issues considered
- Whether the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite charges under multiple sections of the Bharatiya Nyaya Sanhita, 2023.
- Whether the alleged acts constitute a serious offence that warrants denial of bail.
- Whether the prosecution evidence regarding injury to the informant is sufficient to justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 132, 223, 324(4), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- property damage
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- Criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32645 of 2026
Arising Out of PS. Case No.-311 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Deepak Kumar Sah @ Deepak Kumar, aged about 28 years, Male, S/O
Budhan Sah, R/O Village- Bhatauni, P.S- Simri Bakhiyarpur, Distt.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Udai Shankar Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with
Simri Bakhtiyarpur PS Case No.311 of 2025 dated 13.10.2025,
instituted under Sections 126(2), 115(2), 117(2), 118(1), 109,
324(4), 132, 223, 352, 351(2), 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per prosecution case, on the alleged date of
occurrence, the informant arrived at Bhatauni, Police Station
Simri Bakhtiyarpur District- Saharsa, to take possession in light
of direction issued by the court of Munsif, Simri Bakhtiyarpur
in Title Execution Casse No. 01/2010. For compliance and
executing the order passed in Title Execution Case No.01/2010,
Patna High Court CR. MISC. No.32645 of 2026(2) dt.13-05-2026
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Circle Officer, Simri Bakhtiyarpur, with Government Amin, one
Inspector along with four male constable and two female
constable also reached there. At the disputed plot S.H.O. along
with police force were present there. By order of Circle Officer
the disputed land was marked and order of the Civil Court was
communicated there and thereafter execution proceeding was
started, after an hour, family members of the accused person
came there with lathi, danda, brick, stone and red chilli powder,
and attacked on them. It is further alleged that co-accused Amit
Kumar, assaulted the informant on his head by means of iron
rod due to which he sustained injury, and fell down. It is further
alleged that Deepak Sah (petitioner) and Budhan Sah started
pelting the stone on the informant and his associates, as a result
mirror of the vehicle got broken. It is further alleged that female
member of the Budhan Sah's family, threw red chilli powder.
4. Learned counsel for the petitioner submits that the
allegation against the petitioner is that he pelted stones and was
involved in brick-batting due to which the car of the informant
got damaged. There is no allegation of assault on the person of
the informant. Further submission is that the informant was
examined by the doctor after two days of the occurrence and the
injury sustained by the informant is said to be simple in nature
Patna High Court CR. MISC. No.32645 of 2026(2) dt.13-05-2026
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caused within six hours which itself falsifies the prosecution
case. Further, it is submitted that similarly situated co-accused,
Budhan Sah, has been granted bail by a co-ordinate Bench of
this Court vide order dated 06.05.2026 passed in Cr. Misc. No.
29942 of 2026. Lastly, the petitioner has no criminal
antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Saharsa, in Simri Bakhtiyarpur PS
Case No.311 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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