Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Deepak Kumar, was arrested in connection with a case under sections 317(4) and 317(5) of the Bihar Narcotic Substances Act, 2023, alleging recovery of a motorcycle from his and a co-accused's possession. The petitioner claimed he was falsely implicated, stating that no incriminating article was found on him, only a mobile phone, and highlighted that the co-accused Ravi Kumar had already been granted regular bail. The State opposed the bail application. The Court considered the lack of incriminating material, the petitioner’s custody duration since 21‑03‑2025, and the precedent of bail granted to the co‑accused. Accordingly, the Court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under sections 317(4) and 317(5) of the Bihar Narcotic Substances Act, 2023 given the facts of the case.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 317(4), 317(5)
Subjects
- bail
- false implication
- Bihar Narcotic Substances Act
- co‑accused
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41558 of 2025
Arising Out of PS. Case No.-217 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Deepak Kumar S/o Ram Pravesh Paswan R/o Amer, P.S.- Bidupur, District-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Prasad Sinha, Adv.
For the Opposite Party/s : Mr.Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Bidupur P.S. Case no.217 of 2025
registered under section 317(4) and 317(5) of BNS, 2023.
3. Allegation in the F.I.R is that there is recovery of
one motorcycle from the possession of petitioner and one co-
accused Ravi Kumar.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from the conscious or
physical possession of the petitioner. Only a mobile phone is
said to have been recovered from his possession. Learned
counsel further submits that similarly situated co-accused Ravi
Patna High Court CR. MISC. No.41558 of 2025(3) dt.12-02-2026
2/2
Kumar has been granted the privilege of regular bail by this
Court vide order dated 28.07.2025 passed in Cr. Misc. No.
44105 of 2025. The petitioner is in custody since 21.03.2025
and undertakes to cooperate in the case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the period of
custody coupled with the fact that similarly situated co-accused
has already been granted bail by the aforesaid order dated
28.07.2025, the petitioner is directed to be enlarged on bail in
connection with Bidupur P.S. Case no.217 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Court concerned where the case is pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
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