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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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