Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61720 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== ANIL KUMAR GUPTA @ ANIL KUMAR @ ANIL PRASAD SINHA son of Late Kedar Prasad Gupta @ Late Kedar Gupta Mohalla- Rambag Mai Asthan Sundarbagh Po- Ramra Mithanpura Dist- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20472 of 2024 Arising Out of PS. Case No.-115 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== Deepak Kumar S/o Late Garibnath Raut R/o Mohalla - Chhoti Kalyani Chowk, Mai Asthan, P.S. - Town, Dist. - Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 61720 of 2023) For the Petitioner/s :

Mr.Chandra Shekhar Anand, Advocate For the State :

Mr.Mithlesh Kumar Khare, APP For the Informant :

Mr. Nachiketa Jha, Advocate (In CRIMINAL MISCELLANEOUS No. 20472 of 2024) For the Petitioner/s :

Mr.Shailendra Kumar Verma, Advocate For the State :

Ms.Nirmala Kumari, APP For the Informant :

Mr. Nachiketa Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-03-2026 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant in both the cases.

2. A co-ordinate Bench vide order dated 16.12.2025 had directed the learned Registrar General to initiate an enquiry

Patna High Court CR. MISC. No.61720 of 2023(13) dt.30-03-2026 2/3 regarding non listing of the present cases for about 14 months. The report is received from the learned Registrar General.

3. Considering the report of the learned Registrar General, who has found the concerned Dealing Assistant Mr. Mukesh Kumar, ASO, responsible for the delayed listing of the case. The concerned Dealing Assistant, Mr. Mukesh Kumar, ASO was called for in the Court and he has tendered his unconditional apology.

4. The unconditional apology given by Mr. Mukesh Kumar, ASO, is accepted.

5. The petitioners in both the cases seeks bail in connection with Mithanpura P.S. Case No. 115 of 2023 registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code.

6. As per the prosecution case, the petitioners are accused of cheating approx Rs. 19 lakhs on account of sale of the land.

7. Both the petitioners have conspired together and cheated the informant of approx Rs. 19 lakhs.

8. Considering the aforesaid facts, I am not inclined to grant bail to the petitioners.

9. Accordingly, these applications stand dismissed.

Patna High Court CR. MISC. No.61720 of 2023(13) dt.30-03-2026 3/3

10. The Court below is directed to expedite the trial.

11. Mr. Jha, learned counsel appearing for the informant has undertaken to produce the witnesses so that the trial is not delayed.

12. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not express any opinion on the merits of the case.

(Sandeep Kumar, J) P. Kumar U T