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Patna High Court

Deepak Kumar singh @ Deepak KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioners, directing them to furnish a bail bond of Rs 10,000 with two sureties each.

Summary

The Patna High Court considered bail applications filed by three accused persons – Deepak Kumar Singh, Aryan Kumar and Rakesh Pathak – who were arrested in connection with a case registered under multiple provisions of the Bihar Narcotic Substances Act, the Immoral Traffic Act, the POCSO Act and the Juvenile Justice Act. The petitioners contended that they were falsely implicated, that no incriminating material was recovered, that the victim did not support the prosecution’s case and that they had no prior criminal record. The State opposed the bail, citing the seriousness of the offences. The Court noted that several co‑accused in similar circumstances had already been released on bail and, after weighing the facts, ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties each. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether bail should be granted to the accused persons charged under Sections 143(1), 143(5), 144(1), 144(2), 64(1), 111, 61(2) of the B.N.S., 2023, Sections 3‑7 of the Immoral Traffic Act, Sections 4 & 8 of the POCSO Act and Sections 75 & 79 of the Juvenile Justice Act.
  • Whether the absence of recovered material, lack of victim cooperation and the petitioners’ clean antecedents justify bail despite the gravity of the charges.

Legislation cited

Subjects

  • bail
  • POCSO
  • immoral traffic
  • juvenile justice
  • criminal procedure
  • surety
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.81834 of 2025
                 Arising Out of PS. Case No.-303 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
                 ======================================================
           1.     Deepak Kumar singh @ Deepak Kumar son of Pramod Kumar Singh
                  Resident of Village -Sakhara @ Sasra Police Station -Rajpur District -Rohtas
                  P/A- Residing at New Sidhauli Road, Dalmiyanagar, Ps- Dalmiyanagar, dist-
                  Rohtas
           2.    Aryan Kumar @ Mangal son of Late Ajay Kumar @ Ajay Kumar Singh
                 Resident Of Village- Basawan Path Station Road, Dalmiyanagar, Ps-
                 Dalmiyanagar, Dist- Rohtas

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Divakar Kumar Son of Manoj Kumar Resident Of Village- Kodhiyarahi, Ps-
                 Bihariganj, Dist- Madhepura at Present Posted as S.I. Sasaram Muffasil Ps,
                 Ps- Sasaram Muffasil, Dist- Rohtas at Sasaram

                                                        ... ... Opposite Party/s
                 ======================================================
                                                       with
                            CRIMINAL MISCELLANEOUS No. 82474 of 2025
                 Arising Out of PS. Case No.-303 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
                 ======================================================
                 Rakesh Pathak Son of Surendra Pathak Resident of Star Type Building,
                 Damiyanagar, P.S.- Dalmiyanagar, District- Rohtas

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Divakar Kumar Son of Manoj Kumar Resident of Village- Kodhiyarahi,
                 P.S.- Bihariganj, District- Madhepura At Present Posted as S.I. Sasaram
                 Muffasil Police Station, P.S.- Sasaram Muffasil, District- Rohtas at Sasaram

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 81834 of 2025)
                 For the Petitioner/s     : Mr. Raghunandan Kumar Singh, Advocate
                 For the Opposite Party/s : Mrs. Pushpa Sinha, APP
                 (In CRIMINAL MISCELLANEOUS No. 82474 of 2025)
                 For the Petitioner/s     : Mr. Raghunandan Kumar Singh, Advocate
                 For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   25-02-2026                    Heard learned counsel for the petitioners and the
Patna High Court CR. MISC. No.81834 of 2025(4) dt.25-02-2026
                                            2/3




          learned APP for the State.

                       2. The petitioners have prayed for bail in connection

          with Sasaram (M) P.S. Case No. 303 of 2025 registered for the

          offence punishable under Sections 143(1), 143(5), 144(1),

          144(2), 64(1), 111 & 61(2) of the B.N.S., 2023, Sections 3, 4, 5,

          6 and 7 of the Immoral Traffic Act, Sections 4 & 8 of the

          POCSO Act and Sections 75 & 79 of the Juvenile Justice Act.

                       3. The case of the prosecution, in short, is that

          petitioner no. 1 was apprehended from the house of Sunil Nat,

          petitioner no. 2 was apprehended from the house of Akhilesh

          Nat, and petitioner no. 3 was apprehended from the house of

          Raju Nat.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have been falsely implicated in this

          case. He also submits that no objectionable article was recovered

          from the house of these petitioners. He further submits that during

          the course of investigation, the victim has not supported the case

          of the prosecution. Similarly situated other co-accused persons

          have already been granted bail by the learned coordinate bench of

          this court as well as from this Court vide Cr. Misc. Nos. 79687 of

          2025, 83639 of 2025, 5388 of 2026, 76390 of 2025. 77895 of 2025

          and 76821 of 2025 respectively. The case of these petitioners
           Patna High Court CR. MISC. No.81834 of 2025(4) dt.25-02-2026
                                                       3/3




                     stands on similar footing. Moreover, a statement has been made

                     in para 3 of the petition that petitioners have no criminal

                     antecedent and they are languishing in judicial custody since

                     12.09.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioners on bail.         The above named

                     petitioners are directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                     sureties of the like amount each to the satisfaction of the learned

                     District & Additional Sessions Judge-VI-cum-Special Court

                     POCSO Act, Rohtas at Sasaram in connection with Sasaram (M)

                     P.S. Case No. 303 of 2025.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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