Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 25(1-b)a, 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 109, 115(2), 118(1), 118(2), 126(2), 3(5)
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
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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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