Patna High Court
Deepak Kumar Singh @ Deepak Kumar @ D.K. Singh @ DeepakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioners are entitled to anticipatory bail, subject to the conditions imposed under Section 482(2) of the B.N.S.S.
Summary
The three petitioners, brothers from Ramdaschak village, feared arrest in a case registered under Sections 126(2), 115(2), 118(1), 109 read with Section 3(5) of the Bihar Narcotic Substances Act, 2023. They asserted that they have clean antecedents (except one minor prior case) and were falsely implicated by an informant. They sought anticipatory bail, invoking parity with an earlier order that granted anticipatory bail to their father Hari Mohan Singh and Neeraj in a related proceeding (Cr. Misc. No.86198 of 2025). The State opposed the relief. The Court, after considering the submissions and the earlier order, granted anticipatory bail to the petitioners, subject to a bail bond of Rs 10,000 with two sureties each and compliance with Section 482(2) of the B.N.S.S. The order is effective for six weeks from the date of the order.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bihar Narcotic Substances Act, 2023.
- Whether the grant of anticipatory bail to the father in a related matter creates a right of parity for the petitioners.
- Whether the nature of the alleged offences and the petitioners' antecedents justify the denial of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115, 118, 126, 3, 482
Subjects
- anticipatory bail
- Bihar Narcotic Substances Act
- Section 482
- parity
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86295 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- DIGHWARA District- Saran
======================================================
1. Deepak Kumar Singh @ Deepak Kumar @ D.K. Singh @ Deepak S/O Hari
Mohan Singh Resident of Village- Ramdaschak, P.O. and P.S.- Dighwara,
District- Saran
2. Uday Kumar @ Uday Singh @ Uday S/O Hari Mohan Singh Resident of
Village- Ramdaschak, P.O. and P.S.- Dighwara, District- Saran
3. Raushan Kumar Singh @ Raushan Kumar @ Raushan S/O Hari Mohan
Singh Resident of Village- Ramdaschak, P.O. and P.S.- Dighwara, District-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi
For the Opposite Party/s : Ms. Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109 read with Section 3(5) of the B.N.S, 2023.
3. Learned counsel for the petitioners submits that
petitioner no.1 and 3 are persons with clean antecedent and
petitioner no.2 has antecedent of one case but inadvertently at
Para-3, it has been pleaded that petitioners are persons with
clean antecedent. It is next submitted that petitioners being son
of Hari Mohan Singh have been falsely implicated in the instant
Patna High Court CR. MISC. No.86295 of 2025(3) dt.19-03-2026
2/2
case by the informant. It is further submitted that Hari Mohan
Singh along with Neeraj had approached this Court seeking
anticipatory bail by filing Cr. Misc. No.86198 of 2025 and the
same came to be allowed by an order dated 19.03.2026 as such
the learned counsel submits that petitioners be also granted the
privilege of anticipatory bail based on parity.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners and also taking into consideration the
order dated 19.03.2026 in Cr. Misc. No.86198 of 2025, the
petitioners above-named, in the event of their arrest or surrender
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned trial court where the
case is pending/successor court in connection with Dighwara
P.S. Case No.306/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
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