Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25923 of 2026 Arising Out of PS. Case No.-570 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Deepak Kumar Son of Shiv Balak Prasad @ Shivbalak Prasad Resident of Mohalla- Jawahar Tola, P.S.- Ara Nawada, District- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Ara Town P.S. Case No. 570 of 2025 registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of Arms Act.

3. The case of the prosecution, in short, is that during investigation of Ara Town P.S. Case No. 553 of 2025, the petitioner and one other accused Sagar Prasad disclosed the involvement and also made confessional statement. On the basis of confessional statement, seizure was made near Dharhara Petrol Pump behind the bushes from where altogether two country made pistols with live cartridges were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.25923 of 2026(3) dt.22-06-2026 2/2 committed no offence. Nothing has been recovered from his possession rather the recovery has been made from an open place. The witnesses of the seizure list are police personnel. Police has not followed Section 105 of the B.N.S.S. while making the seizure. Petitioner is languishing in judicial custody since 18.11.2025. Learned counsel has further submitted that similarly situated other co-accused person has already been granted bail by this court vide Cr. Misc. No. 13693 of 2026.

5. Learned APP appearing for the State has vehemently opposed the application for bail and has submitted that petitioner is having criminal antecedent of two cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 570 of 2025.

(Ashok Kumar Pandey, J) shubham/- U T