Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14556 of 2026 Arising Out of PS. Case No.-95 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== Deepak Kumar S/O Satyanarayan Bhagat R/O Vill.- Bahdinpur, P.S- Paroo, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Pandey For the Opposite Party/s :
Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2026
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Paroo Police Station Case No. 95 of 2022, disclosing offences under Sections 302 and 34 of the Indian Penal Code.
3. As per the prosecution case, on 06.03.2022, in the afternoon, Vijay Bhagat, son of Satyanarayan Bhagat, came to the house of the informant and took his son Ashutosh alias Munna with him. Both Vijay Bhagat and Ashutosh Kumar alias Munna were friends. It has further been alleged that when the informant's son did not return in the night, then in the early morning, at about 4 a.m., the informant and his son and other family members went to the house of Satyanarayan Bhagat and
Patna High Court CR. MISC. No.14556 of 2026(2) dt.25-03-2026 2/3 saw that fifteen to twenty persons were standing there. The coaccused, Satyanarayan Bhagat and his family members, said that informant's son met with an accident and thereafter, the petitioner and other accused persons brought his son Ashutosh Kumar alias Munna from the house by dragging and assaulting him. It has further been alleged that the co-accused persons named in the FIR, including the petitioner, badly assaulted the informant's son with lathi, danda due to which he died.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the allegation against him is general and omnibus in nature. He further submits that on the same day, Satyanarayan Bhagat, who is father of the petitioner, has lodged the FIR against the deceased Ashutosh Kumar alias Munna and his another friend bearing Paroo PS Case No. 96 of 2022, alleging that the son of Satyanarayan Bhagat was killed by informant's son Ashutosh Kumar alias Munna and others after calling the deceased from his home with a planning. The mob which was assembled there near the dead body of the brother of the petitioner attacked the informant's son and due to which multiple injuries have been caused to the deceased. The coaccused Brahmadev Bhagat, who is also named in the FIR, has
Patna High Court CR. MISC. No.14556 of 2026(2) dt.25-03-2026 3/3 been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 65756 of 2024 vide order dated 02.12.2024.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that similarly situated co-accused person has been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Additional Chief Judicial Magistrate (West) Muzaffarpur, in connection with Paroo Police Station Case No. 95 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) HarshPandey/- U T