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Patna High Court

Deepak Kumar @ Deepak Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to prescribed conditions.

Summary

The petitioner, Deepak Kumar, was implicated in a gang‑war incident alleged under multiple provisions of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He applied for anticipatory bail, contending that he is innocent, there are no eyewitnesses, no weapons were recovered from him, and the allegations are vague and lack specific overt acts. The State opposed the bail, arguing the seriousness of the offences. The Court examined the nature of the accusations, the petitioner’s clean antecedent, and the lack of concrete evidence, and consequently granted anticipatory bail. The order directs that if arrested within eight weeks, the petitioner may be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite accusations under Sections 191, 190, 126, 115, 118, 109, 352 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
  • Whether the material on record is sufficient to deny bail on grounds of seriousness of the alleged offences.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • gang war
  • arms act
  • evidentiary insufficiency
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38942 of 2026
                  Arising Out of PS. Case No.-852 Year-2025 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
                 Deepak Kumar @ Deepak Kumar Singh S/o Bipin Singh R/o Village -
                 Kumahu, PS - Shivsagar, District - Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dwij Raj, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   25-06-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 191(2), 191(3), 190,

                   126(2), 115(2), 118(2), 109(1), 352 of the Bharatiya Nyaya

                   Sanhita and Section 27 of the Arms Act.

                                3. As per F.I.R., a gang war took place in which both

                   parties assaulted and fired pistols on each other.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   has been made accused in this case only on suspicion. There is

                   no eye witness of the occurrence and no arms and ammunition

                   has been recovered from possession of the petitioner. Allegation

                   of assault is general and omnibus and there is no allegation of

                   any specific overt act against petitioner. Petitioner claims clean
          Patna High Court CR. MISC. No.38942 of 2026(2) dt.25-06-2026
                                                      2/2




                    antecedent.

                                 5. Learned A.P.P. for the State vehemently opposed

                    the bail application.

                                 6. Considering the backdrop of the case, nature of

                    accusation and clean antecedent, this anticipatory bail is allowed

                    and it is ordered that let the above named petitioner in the event

                    of his arrest/surrender before the court below within a period of

                    eight weeks from today, be enlarged 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

                    Magistrate, Sasaram, Rohtas in connection with Sasaram(Town)

                    P. S. Case No. 852 of 2025, subject to condition as laid down

                    under Section 482(2) of the Bharatiya Nagarik Suraksha

                    Sanhita, 2023.



                                          (Prabhat Kumar Singh, J)
Navya/Sanjay

U     T


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