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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

  • Arms Act — s. 27
  • B.N.S. — s. 109, 115, 126, 190, 191, 192, 303, 351, 352

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.
Patna High Court CR. MISC. No.90660 of 2025(2) dt.15-01-2026
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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
Patna High Court CR. MISC. No.90660 of 2025(2) dt.15-01-2026
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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
Patna High Court CR. MISC. No.90660 of 2025(2) dt.15-01-2026
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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
            Patna High Court CR. MISC. No.90660 of 2025(2) dt.15-01-2026
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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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