Patna High Court
Deepak Kumar @ Dipak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 309(6)
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
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