Patna High Court
Deepak Kumar @ Kala PatharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond of Rs.10,000 and specific conditions.
Summary
The petitioner, Deepak Kumar, was arrested on 17 August 2025 in connection with a loot case (Gaya Rail P.S. Case No. 169 of 2025) under Section 309(6) of the BNS. He contended that the FIR was fabricated, the mobile recovered from him was his own and not the looted one, and that his implication stemmed solely from a co‑accused’s confessional statement. The co‑accused, Arvind Kumar Paswan, had already been granted bail by a coordinate bench. The State opposed bail, noting two other pending cases against the petitioner, one of which was already on bail. The High Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Judicial Magistrate, Rail, Gaya.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Section 309(6) of the BNS given the allegations and the existence of other pending cases?
Legislation cited
- BNS — s. 309(6)
Subjects
- bail
- criminal procedure
- Section 309(6)
- fabricated FIR
- mobile recovery
- confessional statement
- verification of antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88563 of 2025
Arising Out of PS. Case No.-169 Year-2025 Thana- GAYA RAIL P.S. District- Gaya
======================================================
Deepak Kumar @ Kala Pathar R/o Rajan Saw R/o Mohalla- Bageshwari
Gumati Bam Baba, P.S- Delha Dist- Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinod Kumar, Advocate
For the Opposite Party/s : Mr.Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr.Vinod Kumar, learned counsel for the
petitioner and Mr.Md. Matloob Rab, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
17.08.2025 in connection with Gaya Rail P.S. Case No. 169 of
2025, F.I.R. dated 10.06.2025 registered for the offence
punishable under Sections 309(6) of BNS.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
allegation as alleged in the FIR is false and fabricated and the
petitioner has not committed any offence as alleged in the FIR,
although one mobile was recovered from possession of the
petitioner. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.88563 of 2025(3) dt.22-01-2026
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recovered mobile is petitioner’s mobile and the same is not the
looted mobile. The name of the petitioner has been transpired
during investigation on the basis of the confessional statement
of co-accused person, namely, Arvind Kumar Paswan and said
co-accused person, namely, Arvind Kumar Paswan has been
granted bail by a Coordinate Bench of this Hon’ble Court vide
order dated 17.09.2025 passed in Cr. Misc. No.66099 of 2025
and the police, after investigation, submitted the chargesheet
against the petitioner and the petitioner is in custody since
17.08.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries two more cases other than the present one but
fairly submits that out of two cases, the petitioner is on bail in
one case and rest one case is pending for consideration before
the competent court of law, as mentioned in para-3 of the bail
petition.
6. Considering the aforesaid facts, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate Rail, Gaya
in connection with Gaya Rail P.S. Case No. 169 of 2025, with
Patna High Court CR. MISC. No.88563 of 2025(3) dt.22-01-2026
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the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) 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 antecedent, 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)
Nitesh/-
U T
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