Patna High Court
Deepak Kumar @ Deepak YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
Checking your session…