Patna High Court
Deepak Kumar @ Deepak Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The bail petition was dismissed because the petitioner’s confession and the seriousness of the offences rendered regular bail untenable.
Summary
The petitioner, Deepak Kumar, applied for regular bail in a case involving offences under sections 103(1), 61(2), 308(2) and 352 of the Bihar Penal Code and sections 25(1‑b), 25(a) and 27 of the Arms Act. The prosecution alleged that the informant's son was shot and killed by the accused, including the petitioner. Although the petitioner’s name was not in the FIR, a confessional statement recorded by police (para‑76) admitted his participation and detailed how he concealed the loaded pistol, which was later recovered (para‑82). The court examined the seriousness of the charges, the existence of a confession, and the material evidence, and concluded that bail could not be granted. Consequently, the bail petition was dismissed, and the trial court was directed to complete the trial within one year of receiving the order.
Issues considered
- Whether the petitioner is entitled to regular bail despite having made a confessional statement and the gravity of the offences.
- Whether the absence of the petitioner’s name in the FIR affects the bail application.
- Whether the recovery of the weapon linked to the petitioner precludes the grant of bail.
Legislation cited
- Arms Act — s. 25(1-b), 25(a), 27
- Bihar Penal Code — s. 103(1), 308(2), 352, 61(2)
Subjects
- bail
- confession
- serious offences
- Arms Act
- trial expeditious
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8850 of 2026
Arising Out of PS. Case No.-220 Year-2025 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Deepak Kumar @ Deepak Kumar Singh S/O Dinesh Singh S/O Village-
Manaiyin, P.S.- Sahebganj, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
A.P.Ps. for the State .
2. The petitioner seeks bail in a case registered for
offence under Sections 103 (1), 61 ( 2 ), 308 ( 2 ) and 352 of
BNS and 25 (1-b)/a/27 of Arms Act.
3 . As per prosecution case , informant alleged that his
son namely, Ram Kishore Chaudhary had gone out on
18.03.2025 and was shot while he was returning to home . It is
further alleged that son of informant ( deceased ) was killed by
all the named accused persons including this petitioner.
4. From perusal of the record, it appears that
petitioner is not named in the F.I.R. The name of the petitioner
transpired during course of investigation on his own
Patna High Court CR. MISC. No.8850 of 2026(2) dt.16-02-2026
2/2
confessional statement recorded before police which is evident
from paragraph–76 of the case diary, in which this petitioner has
not only confessed his crime but also stated that after the
commission of the crime he had concealed the loaded pistol in a
small hole near the apartment of one Bittu Thakur and from
paragraph–82 of the case diary, the alleged weapon was
recovered from the same spot, as stated by this petitioner.
5. Considering the nature of accusation, materials
available on record, gravity of offence and other circumstances
of the case, the prayer of petitioner for regular bail is rejected.
However, since petitioner is in custody since 23.04.2023 ,
learned Trial Court is directed to expedite and conclude the trial
preferably within the period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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