Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application is dismissed, and the earlier order denying bail is upheld.
Summary
The petitioner, Deepak Kumar, was arrested in connection with a murder case (Kudhani P.S. Case No. 457/2023) alleged under Sections 302, 120(B) and 34 of the Indian Penal Code. He had been in custody since 19-11-2023 and previously applied for bail, which was rejected by the Patna High Court on 03-01-2025. The petitioner filed a fresh bail application, arguing that the earlier order should be reviewed. The court noted that eyewitnesses placed the petitioner with the deceased on a motorcycle and that the co‑accused's bail had been cancelled for non‑appearance, indicating a risk of tampering with evidence or influencing witnesses. Consequently, the judge declined to revisit the earlier decision and dismissed the bail application.
Issues considered
- Whether bail should be granted to the accused in a murder case punishable under Sections 302, 120(B) and 34 of the IPC.
- Whether the earlier bail denial order can be reviewed in light of the new application.
Legislation cited
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- conspiracy
- IPC
- Criminal Procedure
- Patna High Court
- Section 302
- Section 120B
- Section 34
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62637 of 2025
Arising Out of PS. Case No.-457 Year-2023 Thana- KUDHNI District- Muzaffarpur
======================================================
Deepak Kumar S/o Baijju Sahani @ Baiju Sahani R/o Village- Chhajan
Bisunpur @ Chhajan Vishunpur, P.S.- Kudhani in the District of Muzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ranjeet Kumar, Advocate
For the State : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner seeks bail in connection with
Kudhani P.S. Case No. 457 of 2023 registered for the offence
punishable under Sections 302/120(B)/34 of the Indian Penal
Code.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 03.01.2025 passed in Criminal
Miscellaneous No.49956 of 2024. The aforesaid order dated
03.01.2025 reads as under:-
“Heard learned counsel for the
petitioner, learned Additional Public
Prosecutor for the State and the learned
counsel for the informant.
2. The petitioner seeks bail in
Patna High Court CR. MISC. No.62637 of 2025(3) dt.10-02-2026
2/3
connection with Kudhani P.S. Case No.
457/2023 registered for the offence
punishable under Sections 302/120(B)/34
of the Indian Penal Code.
3. The dead-body of the deceased
Ashutosh Kumar was discovered.
Subsequently, the witnesses have stated
that the deceased Ashutosh Kumar was
seen with the petitioner and Amar Kumar
@ Gulgul.
4. The petitioner is in jail since
19.11.2023.
5. Considering the fact that the
witnesses have seen the deceased along
with the petitioner on a motorcycle, this
application is dismissed.
6. The Senior Superintendent of
Police, Muzaffarpur is directed to get the
CCTV footage properly verified from the
co-villagers to identify the other criminals
involved in the crime.
7. Let a copy of the order be
communicated to the Senior
Superintendent of Police, Muzaffarpur
through FAX/email forthwith for
compliance of the order.”
4. From the report of the trial court, it appears
that the bail bond of the co-accused Akash Kumar was cancelled
by the court below because he has been avoiding the appearance
in the court and trying to delay the trial.
Patna High Court CR. MISC. No.62637 of 2025(3) dt.10-02-2026
3/3
5. Considering the aforesaid facts, I am not
inclined to review my earlier order dated 03.01.2025.
Accordingly, this bail application is dismissed.
(Sandeep Kumar, J)
pawan/-
U T
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