Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Deepak Kumar, applied for bail in a case registered under Sections 111(4) and 61 of the Bihar Narcotic Substances Act and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution alleged that during a raid on 14‑08‑2024 a pistol was recovered and co‑accused named the petitioner as a participant, but no direct material linked him to the offence. The petitioner argued that the only basis for his implication was the confessional statements of the arrested co‑accused and that no arms were found in his possession. The court noted that similarly situated co‑accused had already been granted bail and considered the length of custody and the general nature of the accusation. Accordingly, the court allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the allegations under the B.N.S. and Arms Act.
- Whether the reliance on confessional statements of co‑accused suffices to justify continued detention.
- Whether parity with co‑accused who have been granted bail warrants release of the petitioner.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act — s. 111(4), 61
Subjects
- bail
- Arms Act
- Bihar Narcotic Substances Act
- confessional statements
- parity
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35957 of 2026
Arising Out of PS. Case No.-574 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Deepak Kumar S/O Suraj Rai @ Suraj Ray R/O Village- Dighikala East, P.S-
Hajipur Sadar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vasant Vikas, Advocate
For the State : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 111(4) and 61 of the B.N.S.
and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. The prosecution case, in brief, is that on
14.08.2024, on receipt of secret information that absconder-
accused of a murder case namely Dipak Kumar, Sahil Kumar
and their five associates have assembled in Malmala Chaur to
commit crime, the informant and other police officials
conducted raid and two persons were apprehended, who
disclosed their name as Niraj Kumar @ Ajju and Vikesh Kumar
@ Vikki, whereas other five persons fled away from spot and on
Patna High Court CR. MISC. No.35957 of 2026(2) dt.03-07-2026
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search, one loaded country-made pistol was recovered from
their possession and they disclosed the name of this petitioner as
one of the accused who fled away from the spot.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
From bare perusal of the F.I.R. it is apparent that name of
petitioner transpired in the present case on the basis of
confessional statement of co-accused persons who were
apprehended at the spot. Save and except confessional
statement, there is no material on record to show the complicity
of this petitioner in the alleged offence. No arms or ammunition
has been recovered from conscious possession of this petitioner.
Co-accused Niraj Kumar and Vikesh Kumar, who were
apprehended on the spot with illegal arms, have already been
granted bail by this Hon’ble Court vide order dated 16.05.2025
passed in Cr. Misc. No. 88105 of 2024 and order dated
12.09.2025 passed in Cr. Misc. No. 51586 of 2025. It is further
submitted that similarly situated co-accused persons have
already been granted bail by this Hon’ble Court vide order dated
18.07.2025 passed in Cr. Misc. No. 32676 of 2025 and order
dated 26.09.2025 passed in Cr. Misc. No. 54397 of 2025.
Moreover, charge-sheet has already been submitted and
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petitioner is in custody since 26.06.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, period of
custody and claim based on parity, the prayer for grant bail of to
the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magisltrate, Vaishali at
Hajipur in connection with Hajipur Sadar P.S. Case No. 574 of
2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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