Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioner.
Summary
Deepak Kumar was arrested in connection with a murder case (Wazirganj P.S. Case No. 339 of 2025) under Sections 103(1) and 238 of the Bihar Narcotic Substances Act, 2023. The FIR alleged that an unknown woman, later identified as his wife Sulekha Kumari, was killed by strangulation. Kumar contended that he was falsely implicated, asserting that his wife had eloped with Sikandar Kumar, who was already facing a separate FIR for the same offence. He sought bail, emphasizing his clean antecedents and that his name only appeared during investigation. The State opposed bail, but the court noted that the petitioner was not named in the original FIR and that the investigation pointed to Sikandar Kumar as the primary accused. Consequently, the court granted bail on the condition of a Rs.10,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 103(1) and 238 of the Bihar Narcotic Substances Act, 2023.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 238
Subjects
- bail
- murder
- Bihar Narcotic Substances Act
- Section 103(1)
- Section 238
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79043 of 2025
Arising Out of PS. Case No.-339 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
Deepak Kumar, Male, aged about 35 years, Son of Arvind Prasad @ Arvind
Kumar, Resident of Village - Shekhpura, Police Station - Neemchak Bathani,
District - Gaya Jee.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Wazirganj P.S. Case No. 339 of 2025 instituted for the offences
punishable under Sections 103(1) and 238 of the BNS, 2023.
3. As per allegation in the FIR, the informant
(Chowkidar) was on duty got an information that the dead body
of an unknown lady was lying near Manjhauli village mountain.
It was further stated by the informant that the unknown lady was
killed by pressing her neck and committing assault upon her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He submits that the dead
body was identified as Sulekha Kumari, wife of the petitioner
Patna High Court CR. MISC. No.79043 of 2025(3) dt.17-01-2026
2/3
by the relatives of the deceased. He further submits that the
petitioner got married to the deceased in the year 2009 and the
deceased ran away with her extra marital partner namely
Sikandar Kumar. He next submits that Neemchak Bathani P.S.
Case No. 91 of 2025 was lodged against the said Sikandar
Kumar. He lastly submits that the marriage of the wife of the
petitioner with Sikandar Kumar was solemnized and the
petitioner and his relatives can be implicated in this case.
Petitioner has got clean antecedent as stated in para 3 of the
petition is in custody since 28.06.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. From perusal of the FIR, case diary and impugned
order of the learned District and Additional Sessions Judge,-XV,
Gaya dated 09.10.2025, it appears that petitioner is not named in
the FIR and his name transpired in this case during the course of
investigation. From perusal of the records, it also appears that
on the basis of written report of the local Chowkidar, FIR has
been registered under Sections 103(1) and 238 of the BNS,
2023 against five accused persons. During investigation, the
father of the deceased identified the deceased lady by her
photograph. It also appears that the present petitioner is husband
Patna High Court CR. MISC. No.79043 of 2025(3) dt.17-01-2026
3/3
of the deceased and the petitioner already registered an FIR for
the offence under Sections 103(1) and 238 of the BNS against
one persons namely Sikandar Kumar as police station
Neemchak Bathani dated 11.04.2025, then after about two
months, this occurrence has occurred. Petitioner is in custody
since 28.06.2025, so considering all these aspects of the case
and submission of learned counsel for the petitioner, l am
inclined to grant bail to the petitioner.
7. Accordingly the prayer for bail of the petitioner is
allowed. Let the petitioner above named be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, First Class, Gaya in connection with
Wazirganj P.S. Case No. 339 of 2025.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
Checking your session…