Patna High Court

Deepak Mukhiya @ Deepak KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner under Section 482(2) of the B.N.S.

Summary

The petitioner, Deepak Mukhiya, sought anticipatory bail fearing arrest in a case registered under Sections 310(2) and 3(5) of the B.N.S. The prosecution alleged that on 21.08.2025 a group of miscreants snatched a motorcycle and mobile phone from an informant. The petitioner contended he was not named in the FIR and was implicated only through the confessional statement of co-accused Nitish Kumar, with no material evidence or stolen articles recovered from him, and he has a clean antecedent. The State opposed the bail. Considering the lack of substantive evidence, the general nature of the accusation, and the petitioner's clean record, the court granted anticipatory bail subject to a bail bond and sureties, under Section 482(2) of the B.N.S.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S. in the absence of material evidence beyond a co-accused's confessional statement.

Legislation cited

B.N.S. — s. 482(2)

Subjects

anticipatory bail
Section 482
confessional statement
clean antecedents
theft
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.6150 of 2026

                 Arising Out of PS. Case No.-291 Year-2025 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Deepak Mukhiya @ Deepak Kumar S/O Bisvash Mukhiya Resident of
                 Village- Kuwarpur, P.S - Pipra Kothi, Distt. -EastChamparan, Motihari

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Sharda Nand Mishra, Advocate
                                                  Mr. Sumit Kumar Gupta, Advocate
                                                  Ms. Isha Mishra, Advocate
                 For the State           :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                  2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 310(2) and

                   3(5) of the B.N.S..

                                  3. As per prosecution case, it is alleged that on

                   21.08.2025 at about 8:30 AM, when the informant was going

                   home on his motorcycle, in the meantime, seven unknown

                   miscreants riding on three different bikes, intercepted him,

                   snatched his bike and mobile phone and fled away.

                                  4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.6150 of 2026(2) dt.04-02-2026
                                            2/3




          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. Petitioner is not named in the F.I.R..

          Name of petitioner transpired in this case during course of

          investigation, merely on the basis of confessional statement of

          co-accused Nitish Kumar. Save and except confessional

          statement, there is no material on record to show the complicity

          of this petitioner in the alleged occurrence. No stolen articles

          were recovered from possession of this petitioner. Petitioner

          claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and clean

          antecedents of the petitioner, the prayer for grant of anticipatory

          bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned J.M. 1st Class, East

          Champaran, Motihari in connection with Pipra Kothi P.S. Case
             Patna High Court CR. MISC. No.6150 of 2026(2) dt.04-02-2026
                                                         3/3




                       No. 291 of 2025, subject to condition as laid down under

                       Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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