Created by Fuzzy Cloud

Patna High Court

Deodas @ Raj Kumar @ Raja Babu @ Deodas KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to a bond and specified conditions.

Summary

The petitioner, Deodas, was arrested on 6 April 2026 in connection with FIR dated 11 October 2025 alleging offences under the Bharatiya Nyay Sanhita, 2023 and the Arms Act. The prosecution alleges that the petitioner, along with others, surrounded an informant, abused him and fired at him, rendering the informant unconscious. The petitioner contended that the FIR contains no specific allegation against him and that the charges are fabricated, seeking bail. The prosecution opposed bail, citing the petitioner’s alleged participation in the crime and his prior criminal antecedents. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyay Sanhita and the Arms Act.
  • Whether the absence of a specific allegation against the petitioner in the FIR warrants denial of bail.
  • Whether the petitioner’s prior criminal antecedents justify refusal of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • Arms Act
  • criminal antecedents
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39359 of 2026
                    Arising Out of PS. Case No.-400 Year-2025 Thana- AKHODHIGOLA District- Rohtas
                 ======================================================
                 Deodas @ Raj Kumar @ Raja Babu @ Deodas Kumar Son of Ramesh Ram
                 Resident of Village- Nawadih, P.S.- Akodhigola, District- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Kant, Advocate
                 For the Opposite Party/s :      Ms. Renuka Ratnakar (App 125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   25-06-2026                        Heard Mr. Ravi Kant, learned counsel for the

                   petitioner as well as Ms. Renuka Ratnakar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   06.04.2026 in connection with Akodhigola P.S. Case No. 400 of

                   2025, F.I.R. dated 11.10.2025 for the offences punishable under

                   Sections 191(2), 191(3), 190, 115(2), 109, 308(2), 308(3), 352,

                   351(2) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of

                   Arms Act.

                               3. According to prosecution case, petitioner and other

                   accused persons are alleged to have surrounded the informant,

                   abused him and shot fire on him due to which the informant

                   became unconscious.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.39359 of 2026(2) dt.25-06-2026
                                            2/3




          petitioner is innocent and he has falsely been implicated in the

          present case. The allegation levelled against the petitioner is

          false and fabricated. From bare perusal of the FIR it appears that

          FIR is in two parts, in first part there is general and omnibus

          allegation against all the accused persons including the

          petitioner and in the second part there is specific allegation

          against co-accused, namely, Saroj and Dhiraj that they have

          fired upon the informant and as far as this petitioner is

          concerned, there is no specific allegation of assault or overt act

          against him. The petitioner is in custody since 06.04.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner has participated in the present crime

          in question and apart from that he carries two criminal

          antecedents in which he is on bail in one case and one case is

          pending for consideration before competent Court of law.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 the learned Sub-

          Divisional Judicial Magistrate, Dehri, Rohtas in connection with

          Akodhigola P.S. Case No. 400 of 2025, subject to the following
            Patna High Court CR. MISC. No.39359 of 2026(2) dt.25-06-2026
                                                        3/3




                      conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.