Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court rejected anticipatory bail for petitioners 1‑3 and granted anticipatory bail to petitioner 4 subject to conditions.
Summary
The petitioners, four residents of Gopalpur, applied for anticipatory bail after an FIR (Bhanas PS Case No.28 of 2025) was lodged alleging offences under several sections of the Bihar Negotiable Substances Act and Section 27 of the Arms Act. The FIR accused petitioners 1‑3 of assault with firearms, theft and other offences, while petitioner 4 was alleged only to have been present at the scene. The court examined the allegations, noting that petitioners 1‑3 have prior criminal antecedents and were directly implicated, whereas petitioner 4 is a young student with no specific role or criminal record. Consequently, the court rejected the anticipatory bail applications of petitioners 1‑3 and granted anticipatory bail to petitioner 4 subject to stringent conditions. The order directs that petitioner 4 be released on bail if arrested, with a bond and sureties, and imposes attendance and conduct requirements.
Issues considered
- Whether anticipatory bail should be granted to petitioners 1, 2 and 3 accused under multiple sections of the B.N.S. and the Arms Act.
- Whether anticipatory bail should be granted to petitioner 4, who is alleged only to have been present at the scene without a specific role.
Legislation cited
Subjects
- anticipatory bail
- FIR
- Arms Act
- criminal procedure
- bail conditions
- multiple accused
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90660 of 2025
Arising Out of PS. Case No.-28 Year-2025 Thana- BHANAS District- Rohtas
======================================================
1. Deepak Kumar S/o Late Mosafir Singh @ Musafir Singh R/o Village-
Gopalpur, PS- Bhanas, Dist- Rohtas
2. Sudhir Yadav @ Sudhir Kumar S/o Late Mosafir Singh @ Musafir Singh
R/o Village- Gopalpur, PS- Bhanas, Dist- Rohtas
3. Neeraj Kumar @ Taklu Yadav @ Taklu Kumar S/o Kanhaiya Yadav R/o
Village- Gopalpur, PS- Bhanas, Dist- Rohtas
4. Nikhil Kumar S/o Budhan Sah R/o Village- Gopalpur, PS- Bhanas, Dist-
Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
: Mr. Neeti Ranjan, Advocate
For the State : Mr. Madan Kumar, APP
For the Informant : Mrs. Priya Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard Mr. Neeti Ranjan, learned counsel for the
petitioner and Mrs. Priya Gupta, learned counsel for the
informant beside the learned APP.
2. The petitioners are apprehending their arrest in
connection with Bhanas P.S. Case No. 28 of 2025 registered
for the offence under Sections 190, 191(2), 191(3), 192,
126(2), 115(2), 303(2), 109, 352 and 351(2) of the B.N.S. and
section 27 of the Arms Act, lodged on 01.07.2025 by the
informant, Yashwanti Devi.
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3. As per the prosecution story, the informant alleged
that upon hearing the firing sound, she rushed to the place and
found her husband having fire arm injuries with petitioner
no.1, 2 and 3 namely, Deepak Kumar, Sudhir Yadav @ Sudhir
Kumar and Neeraj Kumar @ Taklu Yadav @ Taklu Kumar
having pistols in their hand assaulting her husband. Others
armed variously present there including the petitioner no.4,
Nikhil Kumar. The allegation is that they also resorted to theft
earlier from the shop and early in the morning had threatened
of dire consequences. The entire episode has been
videographed. This led to the F.I.R.
4. Learned counsel for the petitioners submit that
three different stories have been incorporated in the F.I.R.,
only to anyhow implicate all the accused person who are one
or the same in family. In fact, petitioner no.4, Nikhil Kumar is
a young boy, student who has been unnecessary dragged in the
F.I.R.
5. Learned counsel for the informant on the other
hand opposed the prayer submitting that not only the grave
allegation is against petitioner no. 1, 2 and 3, the petitioner
no.4 was also present at the place of occurrence. Further, the
Police did not even took the statement of the victim/injured
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before filing charge-sheet in a routine manner and despite
severed injuries, the Medical Officer has given the injury to be
simple. The informant is taking necessary steps in the matter
for filing appropriate petition before appropriate
authority/court.
6. Considering the submissions of the parties as also
having gone through the allegation that has come against
petitioner no.1, 2 and 3 namely, Deepak Kumar, Sudhir Yadav
@ Sudhir Kumar and Neeraj Kumar @ Taklu Yadav @ Taklu
Kumar respectively coupled with the fact that all of them are
accused persons in number of cases as would reflect from
paragraph no.3 of the petition, no relief can be extended to
them.
7. The anticipatory bail application of petitioner
no.1, 2 and 3 namely, Deepak Kumar, Sudhir Yadav @ Sudhir
Kumar and Neeraj Kumar @ Taklu Yadav @ Taklu Kumar
stand rejected.
8. So far as the petitioner no.4, Nikhil Kumar is
concerned, though presence has been shown, no specific role
attributed, he do not have criminal antecedent, is only twenty
years of age, in that background, this Court is inclined to
extend petitioner no.4, Nikhil Kumar the privilege of
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anticipatory bail.
9. Let the petitioner no.4, Nikhil Kumar be released
on bail in the event of arrest or surrender within a period of
four weeks from the receipt of this order, on furnishing bail
bond of Rs. 10,000/- (Ten thousand) each with two sureties of
like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Bikramganj, Rohtas, in connection with
Bhanas P.S. Case No. 28 of 2025 subject to the following
conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner no.4, Nikhil Kumar who
shall provide official document (Aadhar Card/Voter Id/Driving
License/Pan Card) to show his/her bona fide;
(ii) the petitioner no.4, Nikhil Kumar shall appear on
each and every date before the Trial Court and failure to do so
for two consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial Court itself;
(iii) the petitioner no.4, Nikhil Kumar shall appear
before the concerned police station every month for next six
months to mark their attendance and at the end of the period a
certificate be submitted before the Trial Court failing which the
State shall be at liberty to take steps for cancellation of bail
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bonds;
(iv) the petitioner no.4, Nikhil Kumar shall in no
way try to induce or promise or threat the witnesses or tamper
with the evidences, failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(v) the petitioner no.4, Nikhil Kumar shall desist
from committing any criminal offence again, failing which the
State shall be at liberty to take steps for cancellation of bail
bonds.
(Rajiv Roy, J)
vinayak/-
U
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