Patna High Court

Deepak KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner with specified conditions.

Summary

Deepak Kumar was arrested for allegedly participating in a robbery at a Common Service Center where Rs.60,000, ATM cards, a bank passbook and a car licence were stolen. The prosecution’s case rests on CCTV footage identifying four miscreants, one of whom, Harsh Kumar, named the petitioner in his confessional statement and led police to the recovered items. The petitioner argued that apart from Harsh’s statement there is no direct evidence against him and that he has been in judicial custody since 25‑09‑2024. The State opposed bail, highlighting the petitioner’s ten prior criminal cases. After hearing both sides, the court granted regular bail on the condition of cooperation with the trial, weekly attendance at Ara Town Police Station, and a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail can be granted to the petitioner under Section 309(6) of the Bharatiya Nyaya Sanhita despite the confessional statement of a co‑accused and prior criminal antecedents.

Legislation cited

Bharatiya Nyaya Sanhita — s. 309(6)

Subjects

bail
regular bail
criminal antecedent
confessional statement
CCTV evidence
theft
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8752 of 2026
                       Arising Out of PS. Case No.-243 Year-2024 Thana- SANDESH District- Bhojpur
                 ======================================================
                 Deepak Kumar S/o Awdesh Singh R/o Village - Pahadpur Khurd, P.S.- Pawna,
                 District – Bhojpur                              ... ... Petitioner/s


                                                        Versus


                 The State of Bihar                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Akanksha Malviya, Advocate
                                                   Mr. Akash Keshav, Advocate
                                                   Ms. Naina Nancy, Advocate
                                                   Mr. Ayushman Kishore, Advocate
                                                   Mr. Anuj Kumar Shrivastava, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 309(6) of

                   Bharatiya Nyaya Sanhita.

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

                   unknown miscreants entered in the Common Service Center (in

                   short ‘CSC’) of the informant and looted away Rs.56,000/- from

                   the counter; altogether Rs.60,000/- and ATM cards, bank

                   passbook, car license.

                                 4. Learned counsel for the petitioner submits that FIR

                   was lodged against unknown miscreants. Learned counsel for
Patna High Court CR. MISC. No.8752 of 2026(2) dt.17-02-2026
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          the petitioner has submitted that four accused persons were

          identified in CCTV footage. One of the person was identified as

          Harsh Kumar and he has named this petitioner in his

          confessional statement. Learned counsel for the petitioner has

          submitted that on the indication of Harsh Kumar the looted

          articles has been recovered which transpires from para no.32 of

          the case diary. Learned counsel for the petitioner has submitted

          that save and except the confessional statement of co-accused

          Harsh, there is nothing against the petitioner. Learned counsel

          for the petitioner has submitted that the petitioner is languishing

          in judicial custody since 25.09.2024.

                       5. Learned Additional Public Prosecutor for the State

          has vehemently opposed the bail and has submitted that the

          petitioner is having criminal antecedent of ten cases.

                       6. Having heard learned counsel for the parties and

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

          inclined to enlarge the petitioner on bail with the condition that

          the petitioner shall co-operate in the trial and shall remain

          physically present on each and every date and he is directed to

          mark his attendance weekly at Ara Town P.S. The above named

          petitioner is directed to be released on bail in connection with

          Sandesh P.S. Case No. 243 of 2024 on furnishing bail bond of
            Patna High Court CR. MISC. No.8752 of 2026(2) dt.17-02-2026
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                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned court of 4th Additional

                      Sessions Judge, Bhojpur at Ara.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

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