Patna High Court
Deepak Kumar @ Deepak YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court allowed the bail petition, directing that bail be granted upon arrest or surrender within eight weeks, subject to conditions.
Summary
The petitioners, Deepak Kumar and Lalu Yadav, filed a bail petition fearing arrest in Bhagwanpur Hat P.S. Case No. 83 of 2025, which alleged their participation in a violent assault on an informant resulting in serious injury and theft. They contended that the main accusation was against co‑accused Santosh Yadav and that the charges against them were general and omnibus, asserting their innocence. The petition noted that they had not previously applied for anticipatory or regular bail and disclosed one prior criminal antecedent. The State opposed the bail on the ground of the seriousness of the offences and the petitioners' criminal record. The court, considering the nature of the allegations and the disclosed antecedent, allowed the petition, directing that bail be granted upon arrest or surrender within eight weeks, subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether bail should be granted to the petitioners despite the general and omnibus nature of the allegations and a disclosed criminal antecedent
Legislation cited
Subjects
- bail
- general and omnibus allegation
- criminal antecedent
- Section 482
- B.N.S.
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76300 of 2025
Arising Out of PS. Case No.-83 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
1. Deepak Kumar @ Deepak Yadav S/o Jaylal Ray @ Jaylal Yadav Resident of
village- Chorma Tola, Gaiziyapur, P.s.- Bhagwanur, District- siwan
2. Lalu Yadav S/o Deepak Yadav @ Deepak Kumar Resident of village-
Chorma Tola, Gaiziyapur, P.S.- Bhagwanur, District- siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhakar Singh, Advocate
Mr. Anubhav Vatsa, Advocate
Mr. Pranaw Bhaskar, Advocate
Ms. Ritika Kumari, Advocate
Mr. Sumit Kumar, Advocate
Mr. Birottam Narayan Singh, Advocate
For the State : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Bhagwanpur Hat P.S. Case No. 83 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 118(1), 109,
303(2), 352, 351(2) and 3(5) of B.N.S., 2023.
3. As per allegation, the petitioners along with other
co-accused came to the shop of the informant at 4:00 PM in the
night when he was sleeping and they assaulted the informant by
lathi, danda and iron rod and co-accused, Santosh Yadav did
Patna High Court CR. MISC. No.76300 of 2025(3) dt.23-02-2026
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deadly attack which resulted into fracture of head of the
informant and he also snatched away a golden chain.
4. Learned counsel for the petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that the main allegation is against the
co-accused, Santosh Yadav and not against the petitioners. The
allegation against the petitioners is general and omnibus. He
further submits that there is case and counter case between the
parties and counter case filed by the petitioners’ side is
Bhagwanpur Hat P.S. Case No. 100 of 2025.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioners have one criminal antecedents.
7. Learned APP for the State vehemently opposes the
prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances
and nature of allegation is general and omnibus, this petition is
allowed, directing the petitioners above-named, to be enlarged
on bail, in the event of their arrest or surrender before the court
below within a period of eight weeks from the date of receipt /
Patna High Court CR. MISC. No.76300 of 2025(3) dt.23-02-2026
3/3
production of a copy of this order, on their furnishing bail bonds
in the sum of Rs. 10,000 /- (Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Concerned Court below, in connection with Bhagwanpur Hat
P.S. Case No. 83 of 2025, subject to the conditions as laid down
under Section 482 (2) B.N.S.S., 2023 and on the following
conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents other
than the disclosed one, learned court below shall cancel the bail
bonds of the petitioners after hearing them and getting satisfied
that the petitioners have concealed their criminal antecedents
despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J)
shoaib/-
U T
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