Created by Fuzzy Cloud

Patna High Court

Deep KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a cash bond, two sureties and specified conditions.

Summary

The petitioner, Deep Kumar, was arrested in connection with a case involving offences under Sections 341, 323, 354(B), 419, 420, 379, 504, 506 and 34 of the Indian Penal Code, alleged to have assaulted a woman, stolen her mobile, purse and money. The prosecution’s case is based on a WhatsApp call that lured the victim to a solitary place where she was attacked and robbed. The petitioner contended that he is innocent, not named in the FIR, and was implicated solely on the confessional statement of a co‑accused, with no T.I.P. parade or seizure of incriminating material. He has been in custody since 30 March 2024 and faces four other criminal cases. The court, after considering the submissions, granted bail on a cash bond of Rs.10,000 with two sureties and imposed several conditions regarding cooperation, appearance, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences and the evidence presented by the prosecution.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • assault
  • robbery
  • criminal procedure
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77376 of 2025
                        Arising Out of PS. Case No.-322 Year-2023 Thana- SARAI District- Vaishali
                 ======================================================
                 Deep Kumar S/o- Arvind Kumar @ Arvind Kumar Thakur R/o - Mani
                 Bhakurhar Baba Tola, P.S - Sarai, District - Vaishali
                                                                       ... ... Petitioner/s

                                                        Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashi Bhushan Singh, Advocate
                 For the Opposite Party/s :        Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   17-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Sarai P.S.

                   Case No. 322 of 2023 dated 14.12.2023, instituted for the offence

                   punishable under Sections 341, 323, 354(B),419, 420, 379, 504,

                   506/34 of the Indian Penal Code.

                                3. The prosecution case, in short, is that on the alleged

                   date of occurrence, an unknown person made a Whatsapp call to

                   the informant and called her to Sarai to receive documents of her

                   vehicle. Thereafter, she went to Sarai on her Scooty. She was

                   brought to a solitary place. In the meantime, she suspected the

                   chain of events, took selfie with the accused persons and sent the

                   same to her fried Pinki Rai. She was assaulted by the accused

                   persons by fists and slaps and they snatched her mobile and purse.
Patna High Court CR. MISC. No.77376 of 2025(3) dt.17-01-2026
                                            2/4




          In the meantime, a boy aged about 19-22 years came and took Rs.

          10,000/- from her purse. She has also transferred Rs. 20,000/-

          from Phonpe App.

                        4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in this

          case. Learned counsel for the petitioner submits that the petitioner

          is not named in the F.I.R. Only on the basis of confessional

          statement of co-accused, Subodh Kumar and his criminal

          antecedents, the petitioner has been made accused in this case. No

          T.I.P. parade has been conducted. No incriminating articles were

          seized either from the conscious possession of the petitioner or

          from the house of the petitioner. Lastly, it has been submitted that

          the petitioner is in custody since 30.03.2024 having four criminal

          cases against him. Charge-sheet has been submitted in the case.

                        5. Learned A.P.P. has opposed the prayer for bail of the

          petitioner.

                        6. Having considered the facts and circumstances of the

          case and submissions of learned counsel for the parties, let the

          petitioner be released on bail upon furnishing bail bonds of Rs.

          10,000/- (ten thousand) with two sureties of the like amount each

          to the satisfaction of the learned C.J.M., Vaishali at Hajipur, in

          Sarai P.S. Case No. 322 of 2023, as well as the following

          conditions:-
Patna High Court CR. MISC. No.77376 of 2025(3) dt.17-01-2026
                                            3/4




                          1. Petitioner shall co-operate in the trial and shall

                          be properly represented on each and every date

                          fixed by the Court and on his absence on two

                          consecutive dates without sufficient reason, his bail

                          bond shall be cancelled by the Court below.

                          2. One of the bailors will be his own blood relation,

                          preferably father, mother, brother, sister and or his

                          wife.

                          3. The bailor shall also state on affidavit that he

                          will inform the court concerned if the petitioner is

                          made accused in any other case of similar nature

                          after his release in the present case and thereafter

                          the court below will be at liberty to initiate the

                          proceeding for cancellation of bail on ground of

                          misuse.

                          4. If the petitioner tampers with the evidence or the

                          witnesses, in that case, the prosecution will be at

                          liberty to move for cancellation of bail.

                          5. The petitioner within two weeks after his release

                          from custody shall appear before the local police

                          station along with a copy of this order and thereafter

                          shall appear in the first week of every month to mark
           Patna High Court CR. MISC. No.77376 of 2025(3) dt.17-01-2026
                                                       4/4




                                     his attendance till conclusion of trial.


                                                                      (Khatim Reza, J)

premchand/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.