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Patna High Court

Deepak Kumar @ ChhotuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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