Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail is dismissed.
Summary
The petitioner, Deepak Kumar, sought anticipatory bail after learning that he was likely to be arrested in a loot case (PS‑Gaurichak Case No. 698 of 2025) filed under Section 309(6) of the Bharatiya Nyaya Sanhita. The prosecution alleged that three unknown persons stole Rs 49,900 and claimed the petitioner’s face appeared in CCTV footage as one of the culprits. The petitioner’s counsel argued that he is innocent, has a clean record, and was falsely implicated. The State’s assistant public prosecutor opposed the bail, relying on the CCTV identification. The court held that the circumstances did not warrant anticipatory bail, dismissed the application, and ordered the petitioner to surrender within four weeks and apply for regular bail, failing which the police may arrest him.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 309(6) of the Bharatiya Nyaya Sanhita in view of CCTV identification.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 309(6)
Subjects
- anticipatory bail
- Section 309(6)
- Bharatiya Nyaya Sanhita
- CCTV evidence
- loot case
- false implication
- bail procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5866 of 2026
Arising Out of PS. Case No.-698 Year-2025 Thana- GAURICHAK District- Patna
======================================================
Deepak Kumar Son of Uttam Sao Resident of Village- Usfa PS- Gaurichak
Distt -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajanan Mishra, Advocate
For the Opposite Party/s : Mr.Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Gaurichak P.S. Case No. 698 of 2025 instituted under
Section 309(6) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, three unknown
persons committed loot of Rs. 49,900/-.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. Petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner on the ground that
petitioner’s face has been captured in the CCTV as one of the
criminals.
Patna High Court CR. MISC. No.5866 of 2026(3) dt.24-02-2026
2/2
6. Considering the aforesaid facts, this is not a fit
case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within four
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Patna will take all steps for arrest of
the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Patna through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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