Created by Fuzzy Cloud

Patna High Court

Deepak Kumar @ Dipak KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to regular bail.

Summary

Deepak Kumar was implicated in a case of alleged looting of Rs.5,00,000, blank cheques and a pass book, with Rs.35,000 recovered from him. The petitioner claimed innocence, stating the FIR was against unknown miscreants and the cash recovered was his own, not the looted amount, and that no TIP was conducted. The State opposed regular bail, but the court noted the petitioner’s claim of innocence, the lack of TIP, and that a similarly situated co‑accused had been granted bail in a related case. Considering these factors, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether the petitioner is entitled to regular bail under sections 309(6) of the BNS Act and 27 of the Arms Act.
  • Whether the recovery of Rs.35,000 from the petitioner constitutes the looted amount, justifying denial of bail.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • arms act
  • theft
  • presumption of innocence
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89729 of 2025
                     Arising Out of PS. Case No.-307 Year-2025 Thana- PIPRA District- East Champaran
                 ======================================================
                 Deepak Kumar @ Dipak Kumar Son of Raghunath Ram Resident of Village -
                 Chakaniya, P.S.- Pipra, District - East Champaran.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :        Mr. Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   25-02-2026                  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 sections 309 (6) of

                   the BNS and Section 27 of the Arms Act.

                                3.     The case of the prosecution is that unknown

                   miscreants allegedly looted a sum of Rs. 5,00,000/- along with

                   blank cheques and a pass book.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the

                   FIR was lodged against unknown miscreants. During the course

                   of investigation, name of this petitioner has surfaced on the

                   basis of information given by spy in Paragraph ‘21’ of the case
            Patna High Court CR. MISC. No.89729 of 2025(4) dt.25-02-2026
                                                        2/2




                      diary. Learned counsel for the petitioner has submitted that from

                      possession of this petitioner Rs.35,000/- were recovered.

                      Learned counsel for the petitioner has submitted that this cash

                      belongs to the petitioner and it is not the looted amount. It has

                      further been submitted that no TIP was conducted. Learned

                      counsel for the petitioner has further submitted that similarly

                      situated co-accused Ratnesh Kumar has been granted bail by

                      this Court in Cr. Misc. No. 87175 of 2025.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Pipra P.S. Case No. 307 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      S.D.J.M., Sadar East Champaran, Motihari.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.