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Patna High Court

Deepak Kumar @ Kala PatharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                           3/3




                         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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