Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
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2 and 4 subject to conditions under Section 482(2) of BNSS 2023 and dismissed the bail petition of petitioner No.3 as withdrawn.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sought and was granted permission to withdraw the bail petition of petitioner No.3, which was consequently dismissed as withdrawn.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- Whether the bail petition of petitioner No.3 can be withdrawn at the request of the petitioner’s counsel.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
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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
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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
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