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Patna High Court

Deepak Kumar Singh @ Deepak Kumar @ D.K. Singh @ DeepakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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