Patna High Court
Deepak Kumar @ PaisathwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The Patna High Court considered the bail application of Deepak Kumar, who has been in custody since 2 August 2025 for alleged offences under Sections 307, 34, 120(B) of the IPC and Section 27 of the Arms Act. The petitioner claimed he was falsely implicated, highlighted a 20‑day delay in filing the FIR, and asserted that the alleged shooting was carried out by a co‑accused. The prosecution opposed bail, pointing to the seriousness of the charges and the petitioner’s five prior criminal antecedents, though noting he is on bail in other pending matters. After weighing the facts, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The order directed the lower court to release the petitioner subject to these conditions.
Issues considered
- Whether bail should be granted in a case involving murder, conspiracy and illegal arms offences.
- Whether the 20‑day delay in filing the FIR warrants bail on the ground of procedural irregularity.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 307, 34
Subjects
- bail
- murder
- conspiracy
- Arms Act
- criminal antecedent
- delay in FIR
- IPC
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90789 of 2025
Arising Out of PS. Case No.-394 Year-2022 Thana- PATNA CITY CHOWK District- Patna
======================================================
Deepak Kumar @ Paisathwa Son of Braj Bhushan Ray @ Bhushan Rai R/o
Village - Ranipur, P.S. - Mehandiganj, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Jay Ram Prasad, learned counsel for the
petitioner and Mr. Ram Naresh Ray, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
02.08.2025 in connection with Chowk P.S. Case No. 394 of
2022, F.I.R. dated 06.09.2022 for the offences punishable under
Sections 307, 34 and 120(B) of the IPC and Section 27 of the
Arms Act.
3. According to prosecution case, all the accused
persons including this petitioner knocked the door of the
informant and co-accused Shivam Singh fired upon him but
anyhow informant saved himself. It is alleged by the informant
that one Golu Choudhary gave Rs. 2 lakhs to the petitioner to
kill him.
Patna High Court CR. MISC. No.90789 of 2025(2) dt.13-01-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the F.I.R is false and
fabricated and the petitioner has not committed any offence as
alleged in the F.I.R. From perusal of the F.I.R it appears that the
date of occurrence is 17.08.2022 but the present F.I.R has been
instituted on 06.09.2022 i.e., after delay of 20 days without
giving any explanation of the said delay, afterthought only to
falsely implicate the petitioner. The allegation of firing is
against the co-accused, Shivam Kumar. He further submits that
the police after investigation submitted the charge sheet against
the petitioner. The petitioner is in custody since 02.08.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner is named in the F.I.R and apart from
that the petitioner carries five criminal antecedents other than
the present one but fairly submits that the petitioner is on bail in
all the pending matter.
6. Considering the aforesaid facts and circumstances,
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 the learned S.D.J.M,
Patna High Court CR. MISC. No.90789 of 2025(2) dt.13-01-2026
3/3
Patna City, Patna in connection with Chowk P.S. Case No. 394
of 2022, subject to 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 absence on two consecutive dates without sufficient
reason, his 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)
Vanisha/-
U T
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