Patna High Court
Deepak PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Deepak Pandey, was arrested on 1 September 2025 in connection with a case registered under Section 309(4) of the Bihar Narcotic Substances Act, although his name does not appear in the FIR. He contended that he was falsely implicated based on a self‑confessional statement and that the looted mobile was recovered from a co‑accused, with no third‑information‑report (TIP) filed by the prosecution. The State opposed bail, noting five other pending cases against the petitioner, but the court noted the lack of his naming in the FIR and the absence of a TIP. Considering these circumstances, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and no TIP has been filed.
- Whether the existence of other pending criminal cases precludes bail in the present matter.
Legislation cited
- Bihar Narcotic Substances Act — s. 309(4)
Subjects
- bail
- FIR
- false implication
- Section 309(4)
- Bihar Narcotic Substances Act
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86204 of 2025
Arising Out of PS. Case No.-12 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Deepak Pandey S/o Shreedhar Pandey R/o Village - Kaupa, P.S - Karakat,
District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jai Prakash Singh, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Jai Prakash Singh, learned counsel for the
petitioner and Mr. Rajesh Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
01.09.2025, in connection with Nawada P.S. Case No. 12 of
2025, F.I.R. dated 07.01.2025 registered for the offences
punishable under Section 309(4) of the B.N.S..
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named
in the F.I.R. and the name of the petitioner has been transpired
on the basis of suspicion and the petitioner has been remanded
in the present case from Nawada P.S. Case No. 496 of 2025 and
Patna High Court CR. MISC. No.86204 of 2025(3) dt.22-01-2026
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on the basis of self confessional statement of the petitioner the
looted mobile was recovered from other co-accued person. He
further submits that although recovery has been made from the
possession of co-accused but till date no TIP was conducted by
the prosecution and the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 01.09.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries five more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in
the pending matter.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R. and till
date no TIP was conducted by the prosecution, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned C.J.M. Bhojpur, Ara
in connection with Nawada P.S. Case No. 12 of 2025, subject to
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.86204 of 2025(3) dt.22-01-2026
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed 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) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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