Patna High Court

Deepak KumarversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Deepak Kumar, sought anticipatory bail after an FIR alleged that he, along with co‑accused, assaulted an informant and her husband and threw acid on the husband. The FIR charges him under Sections 126(2), 115(3), 118(1), 124(1), 74, 303(2), 352, 351(2) and 3(5) of the Bihar Narcotic Substances Act, 2023, and notes five prior criminal convictions. The petitioner argued that he feared arrest, while the State opposed bail. The Court examined the seriousness of the accusations, the violent nature of the alleged offences, and the petitioner’s criminal antecedents. Concluding that the allegations and prior record warranted a strong likelihood of arrest and possible misuse of bail, the Court rejected the anticipatory bail application, dismissing the petition.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the nature of the allegations under the B.N.S., 2023
Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 115(3), 118(1), 124(1), 126(2), 303(2), 3(5), 351(2), 352, 74

Subjects

anticipatory bail
criminal antecedent
assault
acid attack
Bihar Narcotic Substances Act
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.349 of 2026
                     Arising Out of PS. Case No.-275 Year-2025 Thana- CHHATAPUR District- Supaul
                 ======================================================
                 Deepak Kumar Son of Dinesh Mishra @ Dinesh Mishr R/o Village -
                 Rampur(Ward no. -03), P.S. - Chhatapur, Dist. - Supaul.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arun Kumar Jha
                 For the Opposite Party/s :       Mr.Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 126(2), 115(3),

                   118(1), 124(1), 74, 303(2), 352, 351(2) and 3(5) of the B.N.S.,

                   2023.

                                3. As per F.I.R., there is specific allegation against this

                   petitioner that he along with other co-accused persons assaulted

                   informant and her husband. This petitioner is also alleged to

                   have thrown acid upon husband of informant. Petitioner has got

                   five criminal antecedent.

                                4. Considering the nature of accusation and criminal

                   antecedent,        the prayer for anticipatory bail of petitioner is
           Patna High Court CR. MISC. No.349 of 2026(2) dt.21-01-2026
                                                       2/2




                     rejected.



                                                     (Prabhat Kumar Singh, J)
anay

U      T

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