Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5156 of 2026 Arising Out of PS. Case No.-203 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Deepak Kumar S/O Arun Kumar Ray @ Arun Ray R/O Village- Bisambhar Patti, P.S- Hathauri, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-01-2026 Heard Mr. Hari Kishore Thakur, learned counsel for the petitioner and Ms. Nirmala Kumari, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 29.10.2025 in connection with Rampur Hari P.S. Case No. 203 of 2025, F.I.R. dated 27.10.2025 for the offences punishable under Sections 126(2), 115(2), 118(1), 118(2), 109 and 3(5) of the BNS, 2023 and sections 25(1-b)a and section 27 of Arms Act and later on section 103(1) of BNS has been added.
3. According to prosecution case, petitioner and other co-accused persons are alleged to have assaulted the informant and his family members. The specific allegation against the petitioner is of assaulting the brother of the informant by means of iron rod and lathi due to which he got injured.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.5156 of 2026(2) dt.28-01-2026 2/3 implicated in the present case. He further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. From a bare perusal of the FIR, it appears that the specific allegation of firing is attributed against the co-accused person, namely, Praveen Kumar and the co-accused person, namely, Anjani Kumar who has assaulted with a knife upon the cousin brother of the informant. Although, the petitioner is named in the FIR but there is no specific allegation of any assault, overt act or firing attributed against the petitioner, and at best, the petitioner is a member of the mob and the police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 29.10.2025.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the petitioner has clean antecedent, injury inflicted upon the injured person is found to be simple in nature, 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 J.M., 1st Class (East), Court No. 05, Muzaffarpur in connection with
Patna High Court CR. MISC. No.5156 of 2026(2) dt.28-01-2026 3/3 Rampur Hari P.S. Case No. 203 of 2025, with 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 her absence on two consecutive dates without sufficient reason, his/her 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) Ranjeet/- U T