Patna High Court

Deepak Kumar @ Deepak SahversusThe State of Bihar

Decided: 16 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The petitioner is entitled to bail as there is no material evidence directly implicating him, and bail is granted subject to conditions.

Summary

Deepak Kumar was arrested in connection with FIR No. 372/2023 alleging murder, conspiracy and related offences under Sections 302, 201, 353, 120(B) and 34 of the IPC. The prosecution’s case is based mainly on the informant’s allegation that the petitioner participated in the killing of the informant’s father and on a confessional statement of a co‑accused, with no direct evidence against the petitioner. The petitioner contended that he is innocent, has a clean antecedent and that other co‑accused have already been released on bail. The State opposed the bail application, citing the seriousness of the charges. The Court observed the lack of material evidence linking the petitioner to the crime, noted the bail granted to other accused, and considered the petitioner’s clean record. Consequently, the Court ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties and conditioned his cooperation with the trial.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the IPC.

Legislation cited

Indian Penal Code — s. 120B, 201, 302, 34, 353

Subjects

regular bail
IPC offences
murder
criminal conspiracy
clean antecedent
bail conditions
Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.45 of 2026
                      Arising Out of PS. Case No.-372 Year-2023 Thana- BELDOUR District- Khagaria
                 ======================================================
                 Deepak Kumar @ Deepak Sah S/O Late Anant Sah @ Anantu Sah Resident
                 of Village - Tilathi, Police Station- Beladaur ,District - Khagaria
                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashank Shekhar
                 For the State            :        Mr. Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   16-02-2026                   Heard learned counsel for the petitioner as well as the

                   learned APP for the State.

                                 2. The petitioner is seeking regular bail in connection

                   with Beladaur P.S. Case No. 372 of 2023, registered for the

                   offences punishable under Sections 302, 201, 353, 120(B) and 34

                   of the IPC.

                                 3. As per prosecution case, the informant received an

                   information that his father who was chowkidar, was killed by the

                   FIR named accused persons including the petitioner. The

                   informant has further alleged that the petitioner along with co-

                   accused persons had threatened the informant’s father to kill.

                                 4. Learned counsel for the petitioner has submitted that

                   the petitioner is innocent and has falsely been implicated in the

                   present case. He has further submitted that except confessional

                   statement of co-accused person, there is nothing against the
             Patna High Court CR. MISC. No.45 of 2026(2) dt.16-02-2026
                                                         2/2




                       petitioner to show his involvement in the present case. Other

                       named co-accused persons have been granted bail by a co-ordinate

                       Bench of this Court vide order dated 16.06.2025 passed in Cr.

                       Misc. Nos. 80434 of 2024 and 81233 of 2024. The petitioner is a

                       person of clean antecedent and is in custody since 16.09.2025.

                                    5. On the other hand, learned APP for the State has

                       opposed the prayer for bail.

                                    6. Some other FIR named co-accused persons have been

                       granted bail and except confessional statement of co-accused

                       person, there is nothing against the petitioner.

                                    7.   Considering        the    above-mentioned   facts   and

                       circumstances, let the petitioner above-named, is directed to

                       furnish bail bond and on doing so, the court below shall release the

                       petitioner on bail on furnishing bail bonds of Rs.10,000/- with two

                       sureties of the like amount each to the satisfaction of learned Chief

                       Judicial Magistrate, Khagaria in connection with Beladaur P.S.

                       Case No. 372 of 2023, subject to the following conditions that the

                       petitioner shall cooperate in the disposal of trial and make himself

                       available as and when required by the court.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T

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