Patna High Court
DEEPAK KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, in the absence of substantive material linking the petitioners to the alleged bomb‑hurling incident, bail must be granted.
Summary
The petitioners, Shubhankar Kumar and Deepak Kumar, were arrested in connection with a bomb‑hurling incident at B.N. College, Patna, which resulted in the death of a student. They sought bail, contending that they were falsely implicated, that no material evidence linked them to the offence, and that the confessional statements were unreliable. The prosecution argued that the petitioners were named during investigation and had prior criminal antecedents. The court examined the lack of substantive evidence, the delay in filing the FIR, and the petitioners' alleged non‑involvement in the hostel where the bombs were allegedly manufactured. Considering these factors, the court held that bail should be granted subject to standard conditions under Section 480(3) of the Bharatiya Nyaya Sanhita. Accordingly, the petitioners were released on bail upon furnishing the prescribed bond and sureties.
Issues considered
- Whether bail should be granted to the accused under Sections 109(1) read with 3(5) of the Bharatiya Nyaya Sanhita, 103(1) of the same Act, and Sections 3 & 4 of the Explosive Substance Act.
- Whether the prosecution has produced sufficient material evidence to justify continued custody.
- Whether the petitioners' prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 3(5), 480(3)
Subjects
- bail
- criminal procedure
- explosives
- murder
- confessional statement
- antecedent
- Bharatiya Nyaya Sanhita
- Explosive Substance Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64204 of 2025
Arising Out of PS. Case No.-368 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Shubhankar Kumar @ Saurav Kumar Son of Sanjay Kumar Resident of
Village - Pariyari, P.S.- Kinjar, District - Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 67983 of 2025
Arising Out of PS. Case No.-368 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Deepak Kumar S/o- Shri Manoj Kumar R/v- Sanda Ps- Tekari Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 64204 of 2025)
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate
Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
(In CRIMINAL MISCELLANEOUS No. 67983 of 2025)
For the Petitioner/s : Dr. Koushlendra Narayan, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 05-01-2026 Since both the applications arise out of Pirbahore P.S.
Case No. 368 of 2025, as such, they have been taken up together
and are being disposed of by this common order.
02. Heard learned senior counsel appearing on behalf
of the petitioner-Shubhankar Kumar @ Saurav Kumar as well as
learned counsel for the petitioner-Deepak Kumar and learned
Patna High Court CR. MISC. No.64204 of 2025(3) dt.05-01-2026
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APPs for the State.
03. In the present case, the petitioners seek bail in
connection with Pirbahore P.S. Case No. 368 of 2025 registered
for the alleged offences under Section 109(1) read with Section
3(5) of Bharatiya Nyaya Sanhita, 2023 and later on added
Section 103(1) of BNS and Section 3 & 4 of the Explosive
Substance Act.
04. As per prosecution case, during examination being
conducted in B.N. College, Patna, some miscreants hurled
bombs and one student got injured who, later on, succumbed to
his injuries. The name of the petitioners transpired during
investigation for being involved in the occurrence of hurling
bombs and causing death of a student.
05. Learned senior counsel appearing on behalf of the
petitioner-Shubhankar Kumar @ Saurav Kumar submits that the
petitioner is innocent and has been falsely implicated in this
case. Learned senior counsel further submits that there is no
material to show the involvement of the petitioner in the alleged
occurrence. Except for confessional statement of the petitioner,
nothing has come up on record to make out a case against the
petitioner. Though there is allegation that the petitioner had been
manufacturing bombs in his hostel room, nothing was recovered
Patna High Court CR. MISC. No.64204 of 2025(3) dt.05-01-2026
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or seized even after recording of confessional statement.
Learned senior counsel further submits that the FIR has been
lodged after delay of more than five hours when the police
station is just adjacent to the college and it was sent to the
learned Magistrate after delay of three days. Learned senior
counsel further submits that the petitioner is having antecedent
of one case in which he is on bail. The petitioner is in custody
since 18.05.2025 and charge-sheet has been submitted.
06. Learned counsel appearing on behalf of petitioner-
Deepak Kumar, adopting the argument of learned senior
counsel, submits that the petitioner is not even the student of B.
N. College and there is no question of petitioner residing in the
hostel. Learned counsel further submits that the police, very
conveniently, recorded the confessional statements of the
petitioner and other co-accused persons and extracted the names
of each other in the confessional statements recorded for
different persons. Learned counsel further submits that even in
confessional statement, there is no allegation that this petitioner
along with petitioner-Shubhankar Kumar threw bombs which
killed one of the students of the college as the allegation for
which is against co-accused Shivam Kumar. Learned counsel
further submits that the petitioner is student of Bachelor of
Patna High Court CR. MISC. No.64204 of 2025(3) dt.05-01-2026
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Commerce in Vanijya Mahavidyalaya. Learned counsel further
submits that the petitioner is having antecedent of three cases.
The petitioner is in custody since 18.05.2025 and charge-sheet
has been submitted.
07. Learned APPs for the State oppose the submission
made on behalf of the petitioners. Learned APPs submit that,
during investigation, the name of the name of the petitioners
surfaced for being involved in the occurrence in which one
student lost his life. The petitioners appear to be criminal by
nature and they are having antecedents of one case and three
cases, respectively.
08. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
lack of substantive material to show the connection of the
petitioners with the occurrence as alleged and also considering
their occupation and further considering the period of custody of
the petitioners along with submission of charge-sheet, the
petitioners above named are directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Patna/court concerned in
connection with Pirbahore P.S. Case No. 368 of 2025, subject to
Patna High Court CR. MISC. No.64204 of 2025(3) dt.05-01-2026
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the conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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