Patna High Court

Deepak PandeyversusThe State of Bihar

Decided: 1 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, directing release on a bail bond with conditions.

Summary

The petitioner, Deepak Pandey, was charged under section 309(4) of the Bihar Negotiable Instruments Act for allegedly assaulting an informant on a railway track and snatching his mobile phone. He had been remanded in custody since 30 August 2025, had given a confessional statement, but no physical evidence was recovered and no Test Identification Parade was conducted. The petitioner claimed innocence and that the FIR was lodged against unknown miscreants, while the State opposed bail citing five prior criminal antecedents. The court examined the lack of material evidence and the petitioner’s prolonged custody, and decided to grant regular bail. He was released on a bail bond of Rs.10,000 with two sureties, subject to cooperation with the trial and presence before the trial court on all dates.

Issues considered

Whether regular bail should be granted to the petitioner under section 309(4) of the Bihar Negotiable Instruments Act in view of the absence of physical evidence and lack of a Test Identification Parade.
Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Bihar Negotiable Instruments Act — s. 309(4)

Subjects

regular bail
bail bond
section 309(4)
Bihar Negotiable Instruments Act
confessional statement
lack of evidence
criminal antecedents
Test Identification Parade

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4885 of 2026
                    Arising Out of PS. Case No.-941 Year-2024 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Deepak Pandey S/o- Shreedhar Pandey @ Dharmdeo Singh R/o Village-
                 Kaupa, P.S-Karakat, District-Rohtas Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jai Prakash Singh, Advocate
                 For the Opposite Party/s :      Mr.Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   01-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 309 (4) of

                   the BNS.

                                3.     The case of the prosecution is that the three

                   persons riding on a bike forcible took the informant on the said

                   bike to Jagjivan Halt where he was assaulted on the railway

                   track and his mobile phone was snatched.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the

                   FIR was lodged against unknown miscreants. Petitioner was

                   remanded in this case vide Nawada P.S. Case No. 496 of 2025
            Patna High Court CR. MISC. No.4885 of 2026(3) dt.01-04-2026
                                                        2/2




                      wherein he has given his confessional statement but nothing has

                      been recovered from the physical possession of this petitioner

                      and no Test Identification Parade (TIP) has been conducted.

                      Moreover, the petitioner is languishing in judicial custody since

                      30.08.2025.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail stating that the

                      petitioner has five criminal antecedents.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Nawada P.S. Case No. 941 of 2024 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, Bhojpur at Ara, subject to the

                      condition that the petitioner shall cooperate in the trial and shall

                      remain physically present before the learned trial Court on each

                      and every date.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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