Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that the petitioner is entitled to bail upon furnishing the prescribed bond and sureties.
Summary
Deepak Kumar was arrested in connection with a FIR (Case No. 239 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault, robbery and rioting. The prosecution alleged that co‑accused persons, armed with iron rods, attacked the informant’s family and looted jewellery, but the petitioner's counsel argued that no specific allegation was made against him and that the FIR was filed after an unexplained delay, contending that the case is a counter‑blast to another FIR. The State opposed bail, citing the seriousness of the charges. After hearing both sides, the court considered the lack of direct evidence against the petitioner, the delay in filing the FIR, and the petitioner’s custody since 24‑10‑2025. The court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate, East Champaran.
Issues considered
- Whether bail should be granted to the petitioner despite charges under multiple serious offences under the Bharatiya Nyaya Sanhita.
- Whether the delay in filing the FIR and the absence of a specific allegation against the petitioner justify granting bail.
- Whether the existence of a counter case against the petitioner affects the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 75
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- robbery
- counter case
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92002 of 2025
Arising Out of PS. Case No.-239 Year-2025 Thana- CHAKIA District- East Champaran
======================================================
Deepak Kumar S/O Paras Sah Resident of village- Fulwariya, ward No. 04,
P.S.- Chakia, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with Chakia
P.S. Case No. 239 of 2025 dated 15.05.225 registered for the
offence punishable under Sections 126(2), 115(2), 118(1), 109, 75,
303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in brief, is that on the alleged
date of occurrence when she was returning home from Hanuman
Temple, then all FIR named accused persons came at her door and
started abusing her. When she raised objection then accused
persons pushed her. When the informant's husband inquired about
it, then other co-accused persons including the petitioner armed
with iron rod and farsa attacked on him. Co-accused Vivek Kumar
gave iron rod blow on the head of informant's husband twice due
to which he sustained injury and fell down. Co-accused Rohit
Kumar assaulted informant's son, namely, Ravindra Das with iron
Patna High Court CR. MISC. No.92002 of 2025(2) dt.15-01-2026
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khanti. It is also alleged that all accused persons assaulted the
informant, her husband and her son. Co-accused Rahul Kumar
snatched gold jitiya worth Rs 45, 000/- from the neck of
informant. Co-accused Chhotelal Sah, Rahul Kumar, Raja Babu
and Jitan Sah entered in the house and looted gold and silver
jewellery and cash worth Rs 2,00,000/-, Co-accused Santosh
Kumar gave iron rod blow on left hand of Golu Kumar.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
It is submitted that there is no specific allegation against the
petitioner, rather, the specific allegation against is against co-
accused, namely, Vivek Kumar, who assaulted with iron rod on the
head of the husband of the informant, who sustained simple injury.
It is submitted that no overtact has been attributed against the
petitioner. It is further submitted that there is case and counter
case between the parties and the counter case has been lodged by
co-accused Satrudhan Kumar bearing Chakia P.S. Case No. 236 of
2025 against the petitioner and others. It is also submitted that the
present case is counter blast case of Chakia P.S. Case No. 236 of
2025. Further, it is submitted that the F.I.R. has been lodged after
two days delay without any plausible explanation. Lastly, it has
been submitted that the petitioner is in custody since 24.10.2025,
having two criminal cases against him and charge-sheet has been
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submitted in the case.
5. Learned A.P.P for the State opposes the prayer for
bail of the petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount each
to the satisfaction of the learned C.J.M., East Champaran at
Motihari in connection with Chakia P.S. Case No. 239 of 2025.
(Khatim Reza, J)
prabhat/-
U T
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