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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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