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Patna High Court

Deepak Kumar @ Deepak YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Deepak Kumar, was arrested on 19 November 2025 in connection with a temple theft alleged under Sections 331(4) and 305 of the BNS. The prosecution alleged that thieves broke into the temple between 1:00 and 2:00 AM, stole valuables worth Rs 80,000‑90,000, and that CCTV footage identified two suspects, with some stolen items later recovered from the petitioner’s house. The petitioner claimed he was falsely implicated, not named in the FIR, and that his name emerged only through a self‑confessional statement; he also asserted a clean antecedent. He applied for bail, arguing that continued custody was unwarranted. The court, after hearing both sides, granted bail on a Rs 10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedent, and ordered that the bail not be delayed for verification purposes.

Issues considered

  • Whether bail should be granted to the petitioner accused of offences under Sections 331(4) and 305 of the BNS.
  • Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.
  • Whether the petitioner’s alleged clean antecedent and the circumstances of his arrest justify release on bail.

Legislation cited

  • BNS — s. 305, 331(4)

Subjects

  • bail
  • theft
  • temple robbery
  • Section 331(4)
  • Section 305
  • criminal antecedent
  • high court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5966 of 2026
                   Arising Out of PS. Case No.-362 Year-2025 Thana- KAHALGAON District- Bhagalpur
                 ======================================================
                 Deepak Kumar @ Deepak Yadav S/O Ranjeet Kumar Yadav R/O Village-
                 Tikluganj, at present, Hathigate Ward No.-7, P.S- Khalgaon, Distt.-
                 Bhagalpur.

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajive Ranjan Singh, Advocate
                 For the Opposite Party/s :      Mr. Awadhesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-04-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   19.11.2025 in connection with Kahalgaon P.S. Case No. 362 of

                   2025 for the offences punishable under Sections 331(4) and 305

                   of BNS.

                               3. The prosecution story, in brief, is that on 13/11/25

                   at about 06:00AM, informant reached the Temple for worship

                   then he found the main temple gate lock was broken and theft

                   was committed by unknown miscreants. Then he dialed 112 and

                   thereafter local police came and inspected the premises and

                   found that the occurrence was occurred between 01:00-02:00

                   AM. Two thieves were captured in blurred CCTV footage.
Patna High Court CR. MISC. No.5966 of 2026(3) dt.09-04-2026
                                            2/3




          Stolen items include silver crown of deities, a silver umbrella,

          donation box, cash, a TV and two CCTV camera. The total loss

          of is amounted to Rs 80,000 to RS 90,000.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. It is next submitted that petitioner

          is not named in the FIR and the name of the petitioner has

          transpired during the course of investigation on the basis of self

          confessional statement of petitioner. Thereafter, the theft TV

          was recovered from the house of the petitioner and on the basis

          of self confessional statement of the petitioner, some of the

          stolen articles i.e., silver crown of deities and silver umbrella

          were recovered from the house of co-accused Jawed Ansari.

          Learned counsel for the petitioner further submits that the police

          after investigation submitted charge sheet against the petitioner

          and the petitioner is in custody since 19.11.2025.

                      5. Learned Additional Public Prosecutor for the State

          has vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          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 ACJM IX,
           Patna High Court CR. MISC. No.5966 of 2026(3) dt.09-04-2026
                                                       3/3




                     Bhagalpur in connection with Kahalgaon P.S. Case No. 362 of

                     2025, 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 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)
Gaurav Sinha/-

U      T


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