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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with a bond of Rs.10,000 and specific conditions.

Summary

Deepak Kumar was arrested on 29‑10‑2025 in connection with FIR No. 203/2025 alleging assault on an informant’s brother using an iron rod, under several sections of the Bihar Narcotic Substances Act, 2023 and the Arms Act. The prosecution alleged his participation in the mob assault, while the petitioner claimed he had a clean antecedent and that the FIR did not specifically allege any overt act by him. The petitioner sought bail, arguing the injury was simple and the allegations against him were fabricated. The State opposed bail, citing the seriousness of the offences. The Court, after considering the clean record and the nature of the injury, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the BNS Act and Arms Act
  • Whether the petitioner’s clean antecedent and the simple nature of the alleged injury justify bail
  • Whether there is a risk of the petitioner tampering with evidence or witnesses

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • arms act
  • Bihar Narcotic Substances Act
  • clean antecedent
  • mob violence
  • FIR
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5156 of 2026
                  Arising Out of PS. Case No.-203 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
                 ======================================================
                 Deepak Kumar S/O Arun Kumar Ray @ Arun Ray R/O Village- Bisambhar
                 Patti, P.S- Hathauri, District- Muzaffarpur.
                                                                     ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hari Kishore Thakur, Advocate
                 For the Opposite Party/s :       Ms. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-01-2026                   Heard Mr. Hari Kishore Thakur, learned counsel for

                   the petitioner and Ms. Nirmala Kumari, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   29.10.2025 in connection with Rampur Hari P.S. Case No. 203

                   of 2025, F.I.R. dated 27.10.2025 for the offences punishable

                   under Sections 126(2), 115(2), 118(1), 118(2), 109 and 3(5) of

                   the BNS, 2023 and sections 25(1-b)a and section 27 of Arms

                   Act and later on section 103(1) of BNS has been added.

                                3. According to prosecution case, petitioner and other

                   co-accused persons are alleged to have assaulted the informant

                   and his family members. The specific allegation against the

                   petitioner is of assaulting the brother of the informant by means

                   of iron rod and lathi due to which he got injured.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.5156 of 2026(2) dt.28-01-2026
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          implicated in the present case. He further submits that the

          allegation as alleged in the FIR is false and fabricated and the

          petitioner has not committed any offence as alleged in the FIR.

          From a bare perusal of the FIR, it appears that the specific

          allegation of firing is attributed against the co-accused person,

          namely, Praveen Kumar and the co-accused person, namely,

          Anjani Kumar who has assaulted with a knife upon the cousin

          brother of the informant. Although, the petitioner is named in

          the FIR but there is no specific allegation of any assault, overt

          act or firing attributed against the petitioner, and at best, the

          petitioner is a member of the mob and the police after

          investigation, submitted chargesheet against the petitioner and

          the petitioner is in custody since 29.10.2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the petitioner has clean antecedent, injury

          inflicted upon the injured person is found to be simple in nature,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned J.M., 1st

          Class (East), Court No. 05, Muzaffarpur in connection with
            Patna High Court CR. MISC. No.5156 of 2026(2) dt.28-01-2026
                                                        3/3




                      Rampur Hari P.S. Case No. 203 of 2025, with the following

                      conditions:

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, his/her bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-
U       T


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