Patna High Court

Deepak KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Deepak Kumar sought anticipatory bail after the police named him in a murder case (IPC sections 302 and 201) based on a co‑accused’s confessional statement. The FIR arose from a headless corpse discovered near J.B.C. Canal, and the police filed a final report against the petitioner, which the magistrate took cognizance of. The petitioner, claiming a clean antecedent, argued that the allegation against him was solely derived from the co‑accused’s statement, and cited that a similarly situated co‑accused had already been granted anticipatory bail. The State opposed the bail on the seriousness of the offences. The Court, weighing the nature of the accusation and the petitioner’s clean record, granted anticipatory bail subject to a bail‑bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner in a case of murder (IPC 302) and concealment of evidence (IPC 201) where the allegation stems from a co‑accused’s confessional statement
Whether the petitioner’s clean antecedent warrants bail despite the seriousness of the offences

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Indian Penal Code — s. 201, 302

Subjects

anticipatory bail
IPC 302 murder
IPC 201 concealment of evidence
clean antecedent
confessional statement
Bharatiya Nagarik Suraksha Sanhita 2023
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91450 of 2025
                     Arising Out of PS. Case No.-101 Year-2020 Thana- JANKINAGAR District- Purnia
                 ======================================================
                 Deepak Kumar S/O Nirmal Yadav Resident of Village - Garhiya Ward No.-
                 01, P.S- Kumarkhand,Dist.-Madhepura.
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bambahadur Jha, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 302, 201 of the Indian

                   Penal Code.

                                3. Informant, who is chowkidar, alleged that on

                   17.07.2020 at about 3 PM, he received an information that a

                   headless corpse was lying near J.B.C. Canal. Then he reached

                   there and saw the dead-body and thereafter, F.I.R. was lodged

                   against unknown.

                                4. Learned counsel for the petitioner submits that

                   name of the petitioner transpired during course of investigation

                   in the confessional statement of co-accused Rakesh Kumar.

                   During investigation, it has come that the deceased had some

                   monetary dispute with accused persons and in order to settle the

                   score, the accused persons called the victim (deceased) at the
            Patna High Court CR. MISC. No.91450 of 2025(2) dt.10-02-2026
                                                        2/2




                      place of occurrence and committed his murder. After

                      investigation, police submitted final form against petitioner,

                      however, differing with the same, the learned Magistrate took

                      cognizance. Similarly situated co-accused, namely, Rajesh

                      Kumar has already been granted anticipatory bail by this Court

                      vide order 28.01.2026 passed in Cr. Misc. No. 85626 of 2025.

                      Petitioner claims clean antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering nature of accusation and clean

                      antecedent, this anticipatory bail is allowed and it is ordered that

                      let the above named petitioner in the event of his

                      arrest/surrender before the court below within a period of eight

                      weeks from today, be enlarged on bail on furnishing bail-bond

                      of Rs. 10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of Judicial Magistrate, 1st Class,

                      Purnea in connection with Jankinagar P. S. Case No. 101 of

                      2020, subject to condition as laid down under Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

Continue reading with your account

Checking your session…