Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35957 of 2026 Arising Out of PS. Case No.-574 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Deepak Kumar S/O Suraj Rai @ Suraj Ray R/O Village- Dighikala East, P.SHajipur Sadar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Vasant Vikas, Advocate For the State :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 111(4) and 61 of the B.N.S. and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The prosecution case, in brief, is that on 14.08.2024, on receipt of secret information that absconderaccused of a murder case namely Dipak Kumar, Sahil Kumar and their five associates have assembled in Malmala Chaur to commit crime, the informant and other police officials conducted raid and two persons were apprehended, who disclosed their name as Niraj Kumar @ Ajju and Vikesh Kumar @ Vikki, whereas other five persons fled away from spot and on

Patna High Court CR. MISC. No.35957 of 2026(2) dt.03-07-2026 2/3 search, one loaded country-made pistol was recovered from their possession and they disclosed the name of this petitioner as one of the accused who fled away from the spot.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that name of petitioner transpired in the present case on the basis of confessional statement of co-accused persons who were apprehended at the spot. Save and except confessional statement, there is no material on record to show the complicity of this petitioner in the alleged offence. No arms or ammunition has been recovered from conscious possession of this petitioner. Co-accused Niraj Kumar and Vikesh Kumar, who were apprehended on the spot with illegal arms, have already been granted bail by this Hon'ble Court vide order dated 16.05.2025 passed in Cr. Misc. No. 88105 of 2024 and order dated 12.09.2025 passed in Cr. Misc. No. 51586 of 2025.

It is further submitted that similarly situated co-accused persons have already been granted bail by this Hon'ble Court vide order dated 18.07.2025 passed in Cr. Misc. No. 32676 of 2025 and order dated 26.09.2025 passed in Cr. Misc. No. 54397 of 2025.

Patna High Court CR. MISC. No.35957 of 2026(2) dt.03-07-2026 3/3 petitioner is in custody since 26.06.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, period of custody and claim based on parity, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner 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 Chief Judicial Magisltrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 574 of 2024.

(Prabhat Kumar Singh, J) shashank/- U T