Created by Fuzzy Cloud

Patna High Court

Deepak Kumar @ Telam @ TelanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, finding no specific evidence linking him to the alleged offences.

Summary

The petitioner, Deepak Kumar, sought regular bail in a case involving alleged offences under sections 103(1), 61(2), 325 and 3(5) of the Bihar Negotiable Substances Act and section 27 of the Arms Act. The prosecution alleged that three armed men fired at the informant's husband, leading to his death, and that the informant's daughter was later killed in a dowry‑related dispute, with seven accused named. The petitioner’s counsel argued that he was innocent, that his name appeared only in a co‑accused’s confessional statement, that there was no direct allegation or material against him, and that he was arrested solely on the basis of his phone number found in call records. The State opposed bail, but the court noted the lack of specific evidence linking the petitioner to the crime and the fact that co‑accused had already been granted bail. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
  • Whether the presence of the petitioner’s phone number in co‑accused call records constitutes sufficient material for continued detention.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • murder
  • dowry death
  • arms act
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9787 of 2026
                 Arising Out of PS. Case No.-420 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Deepak Kumar @ Telam @ Telan Son of Surendra Chaudhary R/o Village -
                 Dulighat, P.S. - Khajekalan, Dist. - Patna.

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Pramod Kumar, Advocate
                 For the Opposite Party/s :     Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 103(1),

                   61(2), 325 and 3(5) of B.N.S. and Section 27 of the Arms Act.

                                3. The case of the prosecution is that the informant

                   has gone to feed cow with her husband. It is further alleged that

                   three persons being armed with pistol arrived there and started

                   firing indiscriminately on her husband due to which, he fell

                   down. The informant raised alarm. During the course of

                   treatment, her husband died. It has further been alleged that the

                   daughter of the informant was married with one Niraj Kumar

                   and she was subjected to cruelty on account of non-fulfillment

                   of dowry demand. On 12.07.2024, the daughter of the informant
Patna High Court CR. MISC. No.9787 of 2026(2) dt.09-02-2026
                                            2/3




          was killed and for that, he has lodged the FIR in that case. There

          are seven named accused persons.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that the name of this

          petitioner has surfaced in the confessional statement of co-

          accused. Learned counsel for the petitioner has submitted that

          there is no specific allegation against the petitioner and no

          materials available in the FIR against him and he was wrongly

          remanded in this case on the basis of his phone number found in

          the call details of co-accused, however, he was never present at

          the place of occurrence. It has further been submitted by the

          learned counsel for the petitioner that the petitioner has no

          connection with the co-accused and moreover, co-accused

          persons have been granted bail by this Court and learned Co-

          ordinate Bench vide Cr. Misc. Nos.67262 of 2025 and 71313 of

          2025 respectively. Moreover, the petitioner is languishing in

          judicial custody since 15.07.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is
            Patna High Court CR. MISC. No.9787 of 2026(2) dt.09-02-2026
                                                        3/3




                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Ram Krishna Nagar P.S. Case No. 420 of 2025 on furnishing

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

                      like amount each to the satisfaction of learned J.M. 1 st Class-15,

                      Patna City, Patna.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.