Patna High Court
Deepak Kumar @ Deepak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(2), 126(2), 190, 191(2), 191(3), 352
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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