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Patna High Court

Deepak Kumar Das @ Dipak Kumar DasversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                        2/2




                      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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