Patna High Court
Deepak Kumar Das @ Dipak Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied bail, holding that the grievous nature of the injury and the seriousness of the charges preclude enlargement of bail at this stage.
Summary
Deepak Kumar Das was arrested in connection with a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging that he assaulted an informant with a knife causing grievous injuries. The petitioner argued that he was falsely implicated due to village politics, highlighted a ten‑day delay in filing the FIR, and pointed out his clean criminal record. The State opposed the bail application, emphasizing the seriousness of the charges and the injury report. After hearing both sides, the Court found the allegations credible and the injury serious, and therefore refused to grant regular bail. The Court, however, allowed the petitioner to file a fresh bail application after six months.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the delay in lodging the FIR and alleged political motives justify granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 351(2), 352
Subjects
- regular bail
- grievous injury
- assault with knife
- Bharatiya Nyaya Sanhita
- criminal procedure
- political motive
- FIR delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6412 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Deepak Kumar Das @ Dipak Kumar Das, Son of Shiv Das, R/o - Dasaut, P.S-
Shivajinagar, District - Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Shivajinagar P.S. Case
no.68 of 2025 registered under sections 109, 126(2), 115(2),
118(1), 117(2), 352, 303(2) and 351(2) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the petitioner is said to
have abused and assaulted the informant with a knife multiple
times leading to grievous injuries.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case due to village
politics. The manner of occurrence is other than what has been
narrated in the F.I.R. There is an inordinate delay of 10 days in
lodging of the F.I.R.. The petitioner is in custody since
29.10.2025 and charge-sheet has been submitted in the case. He
Patna High Court CR. MISC. No.6412 of 2026(2) dt.04-02-2026
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has no criminal antecedent.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R together with the contents of the injury report wherein
the injury on the informant has been found to be grievous in
nature, the Court is not inclined to enlarge the petitioner on bail
and the application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months.
(Partha Sarthy, J)
avinash/-
U T
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