Created by Fuzzy Cloud

Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to petitioners No.1, 2 and 4 subject to conditions under Section 482(2) of BNSS 2023 and dismissed the bail petition of petitioner No.3 as withdrawn.

Summary

The petitioners, four residents of Kubauli village, were accused of armed trespass, theft of Rs.1,50,000 and valuables, and offences under several sections of the BNS. They applied for anticipatory bail, claiming innocence and alleging that the case was filed due to old enmity. The counsel for the petitioners sought and was granted permission to withdraw the bail petition of petitioner No.3, which was consequently dismissed as withdrawn. The State opposed the anticipatory bail, but the court, after considering the facts, granted anticipatory bail to petitioners No.1, 2 and 4, subject to a cash bond of Rs.10,000 with two sureties each and conditions under Section 482(2) of the BNSS 2023. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of BNSS 2023 despite the serious nature of the offences alleged.
  • Whether the bail petition of petitioner No.3 can be withdrawn at the request of the petitioner’s counsel.

Legislation cited

  • BNS — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
  • BNSS, 2023 — s. 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • Bihar High Court
  • criminal procedure
  • theft
  • robbery
  • withdrawal of bail petition
  • BNS
  • BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.784 of 2026
                    Arising Out of PS. Case No.-110 Year-2025 Thana- NATIONAL HIGHWAY District-
                                                       Samastipur
               ======================================================
           1 . Deepak Kumar S/o Jaylal Ram R/o Village - Kubauli Ram, Post - Kubauli

                 Ram, P.S - N.H Bangra, District - Samastipur
           2.    Basant Ram S/o Ramji Ram @ Ram Raji Ram R/o Village - Kubauli Ram,

                 Post - Kubauli Ram, P.S - N.H Bangra, District - Samastipur
           3.    Jyoti Kumar S/o Jaylal Ram R/o Village - Kubauli Ram, Post - Kubauli

                 Ram, P.S - N.H Bangra, District - Samastipur
           4.    Moti Kumar S/o Jaylal Ram R/o Village - Kubauli Ram, Post - Kubauli

                 Ram, P.S - N.H Bangra, District - Samastipur

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :     Mr. Abhay Kumar , Advocate

                 For the Opposite Party/s :     Mr. Nirmala Kumari , APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-01-2026                          At the outset, learned counsel for the petitioners

                   seek permission to withdraw the pre-arrest bail petition of

                   petitioner No. 3 .

                                 2. Permission is accorded.

                                 3 . This bail petition with respect to petitioner No. 3

                   is dismissed as withdrawn .

                                 4. Heard learned counsel for petitioner Nos. 1 , 2 and
Patna High Court CR. MISC. No.784 of 2026(2) dt.21-01-2026
                                            2/3




          4 and learned A.P.P. for the State .

                       5 . The petitioners apprehend their arrest in a

          complaint case punishable for the offence under Sections 126

          ( 2 ), 115 ( 2 ), 118 (1) , 109 (1) , 303 ( 2 ), 352, 351 ( 2 ) and 3

          (5) of BNS.

                    6. As per prosecution case , informant namely , Baldev

          Ram alleged that these petitioners along with other co-accused

          persons armed variously trespassed into the house of informant

          and stole Rs. 1 , 50,000/- , chain and mangalsutra from female

          family members of informant.

                       7.    It is submitted on behalf of petitioners that

          petitioners are innocent and has falsely been implicated in this

          case due to old enmity . Allegation is general and omnibus

          against these petitioners. Case and counter case . Rest of the

          allegations are superficial in nature, to make the case grave .

          Petitioners claim clean antecedent.

                         8 . Learned A.P.P. for the State opposed the prayer

          for anticipatory bail of petitioner.

                         9. However, considering the aforesaid facts and

          circumstances, let the above named petitioner Nos. 1 , 2 and 4,

          in the event of arrest/surrender within a period of eight weeks

          from today, be enlarged on bail on furnishing bail-bonds of Rs.
            Patna High Court CR. MISC. No.784 of 2026(2) dt.21-01-2026
                                                        3/3




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

                      amount each to the satisfaction of learned SDJM Samastipur in

                      connection with N H Bangra Case No. 110 of 2025 , subject to

                      condition as laid down under Section 482 (2) of BNSS 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

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.