Patna High Court
Deep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Indian Penal Code — s. 323, 34, 341, 354B, 379, 419, 420, 504, 506
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.
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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:-
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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
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his attendance till conclusion of trial.
(Khatim Reza, J)
premchand/-
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