Patna High Court
Deepak Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Deepak Kumar, was arrested in connection with a case registered under Sections 310(4), 310(5) and 61(2) of the Bihar Narcotic Substances Act and Sections 25(1‑b)a, 26 and 35 of the Arms Act after police, acting on secret information, searched the house of Md. Jahid and recovered three country‑made pistols and seven live cartridges. The petitioner contended that he was falsely implicated, that no weapon was recovered from his possession, and that he had no prior criminal record, having been in judicial custody since 21‑08‑2025. The State opposed the bail application, emphasizing the seriousness of the offences. After hearing both sides, the Court considered the lack of direct incriminating material against the petitioner and his clean antecedent. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner in a case involving serious offences under the Bihar Narcotic Substances Act and the Arms Act.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act — s. 310(4), 310(5), 61(2)
Subjects
- bail
- Arms Act
- Narcotic offences
- judicial custody
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5038 of 2026
Arising Out of PS. Case No.-196 Year-2025 Thana- KORHA District- Katihar
======================================================
Deepak Kumar @ Chhotu Son of Surendra Prasad Singh Resident of village-
Bari Bathna, PS- Mansahi, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Korha P.S. Case No. 196 of 2025 registered for the offence
punishable under Sections 310(4), 310(5) and 61(2) of the
B.N.S. and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. The case of the prosecution, in short, is that the
police had received a secret information that some miscreants
armed with weapon are planning to commit some offence. On
this information house of Md. Jahid was searched and petitioner
along with others was apprehended. It has further been
submitted that from the possession of the house of Md. Jahid,
three country made pistol and seven live cartridges along with
other incriminating articles were recovered.
Patna High Court CR. MISC. No.5038 of 2026(2) dt.06-02-2026
2/2
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that
nothing has been recovered from the possession of this
petitioner. Learned counsel for the petitioner has further
submitted that the petitioner is having no criminal antecedent
and he is in judicial custody since 21.08.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Katihar in connection with Korha P.S. Case No. 196 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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