Patna High Court
Deepak Kumar Deepak @ Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs. 25,000 with two sureties and specific conditions.
Summary
The petitioner, Deepak Kumar, was arrested on 27 August 2022 in connection with NDPS and Arms Act offences and has been in custody for over three years. Earlier bail applications were rejected, but co‑accused persons in the same case were granted bail by the same bench. The trial court had examined six of eight charge‑sheet witnesses, with one witness dying and the remaining witness yet to be examined; no further witness examination occurred between July 2025 and January 2026. The petitioner argued that he has a clean antecedent and that his prolonged detention is unjustified. Considering the comparable bail granted to co‑accused, the stage of the trial, and the length of custody, the High Court granted bail on a Rs. 25,000 bond with two sureties and imposed conditions regarding court attendance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to a person accused under Sections 8, 20(B)(ii), C, 25, 29 of the NDPS Act and Sections 25(1‑B)(a), 26 of the Arms Act after prolonged pre‑trial detention.
- Whether the grant of bail to co‑accused in the same case mandates similar relief for the petitioner.
- Whether the stage of trial and examination of witnesses justify continued custody.
Legislation cited
- Arms Act, 1959 — s. 25(1‑B)(a), 26
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(B)(ii), 25, 29, 8, C
Subjects
- bail
- NDPS Act
- Arms Act
- pre‑trial detention
- co‑accused
- trial stage
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54197 of 2025
Arising Out of PS. Case No.-328 Year-2022 Thana- DALSINGHSARAI District- Samastipur
======================================================
Deepak Kumar Deepak @ Deepak Kumar S/o Arbind Sah @ Arvind Sahu RO
Village - Pusaho, P.S.- Bithan, District - Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Union of India through NCB Patna, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Singh, Advocate
: Mr. Rahul Rathour, Advocate
: Mr. Mukul kumar, Advocate
: Mr. Ambrish Kumar, Advocate
: Mr. Saharsh Singh, Advocate
For the State : Ms. Madhuri Lata, APP
For the NCB : Mr. Arvind Kumar, CGC
: Dr. K.N. Singh, ASG
: Mr. Anunay Sahi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 25-02-2026 Heard Mr. Sudhir Kumar Singh, learned counsel for
the petitioner, Ms. Madhuri Lata, learned Additional Public
Prosecutor for the State and Mr. Arvind Kumar, learned counsel
for the Narcotics Control Bureau.
2. Petitioner seeks bail who is in custody since
27.08.2022 in connection with NDPS Case No. 02 of 2023
arising out of Dalsingsarai P.S. Case No. 328 of 2022, F.I.R.
dated 26.08.2022 for the offences punishable under Sections
8/20(B)(ii)/C/25/29 of the NDPS Act and Sections 25(1-B)a, 26
of the Arms Act.
Patna High Court CR. MISC. No.54197 of 2025(5) dt.25-02-2026
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3. Earlier the bail application of the petitioner was
rejected vide order dated 16.08.2023 and 05.07.2024 passed in
Cr.Misc. No. 19377 of 2023 and Cr. Misc. No. 29992 of 2024.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that similarly
situated, co-accused persons, namely, Avinash Kumar, Ajay
Kumar, Rajeev Kumar Sinha and Kundan Kumar @ Suman
Kumar have been granted bail by the co-ordinate Bench of this
Court vide order dated 08.05.2023, 02.05.2023, 22.05.2023
passed in Cr. Misc. No. 72490 of 2022, Cr. Misc. No. 67300 of
2022, Cr. Misc. No. 4960 of 2023, Cr. Misc. No. 21899 of 2023.
He further submits that the petitioner is in custody since
27.08.2022 and the trial is not concluded as yet.
5. Vide order dated 08.08.2025 a report was called
with regard to stage of the trial. Report of the learned Trial
Court dated 22.08.2025 reveals that out of eight charge sheet
witnesses, six witnesses have been examined and one witness
died during the pendency of the present case and only one
witness is required to be examined.
6. Learned counsel for the petitioner has filed
supplementary affidavit stating therein that from 22.07.2025 to
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12.01.2026, the prosecution had not examined any witness as
yet.
7. Learned Additional Public Prosecutor as well as
learned counsel for the NCB have vehemently opposed the
prayer for bail of the petitioner.
8. Considering the aforesaid facts and circumstances
and the fact that similarly situated, co-accused persons have
been granted bail by the co-ordinate Bench of this Court and the
period of custody of the petitioner, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
25,000/- (Twenty Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned District &
Additional Sessions Judge-1st, Samastipur in connection with
Dalsingsarai P.S. Case No. 328 of 2022, subject to 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 his absence on two consecutive dates without sufficient
reason, his 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
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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)
Suruchi/-
U T
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