Patna High Court
Deepak Kumar @ Telam @ TelanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
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
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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
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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
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