Deepak Kumar @ Deepak Kumar Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47158 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- TEGHRHA District- Begusarai ====================================================== Deepak Kumar @ Deepak Kumar Raja S/o Krishnand Kumar @ Krishnanadan Kuwar Resident of Village- Naya Tola, Daniyalpur Tolapar, P.S.- Teghra, Distt- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Gautam, Advocate For the Opposite Party/s :
Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner who apprehends arrest in connection with Teghra P.S. Case No. 34 of 2025 lodged on 12.02.2025, for the offences punishable under sections 109, 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the F.I.R. has been lodged against three named accused persons, including the present petitioner. It is alleged that all the accused persons came to the house of the informant, and thereafter, co-accused Raj Kishore Kumar fired upon the informant from behind.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further
Patna High Court CR. MISC. No.47158 of 2025(2) dt.30-07-2025 2/3 submitted that a similarly situated co-accused, Neeraj Kumar @ Niraj Kumar, has been granted anticipatory bail by this Hon'ble Court vide order dated 03.07.2025 passed in Criminal Miscellaneous No. 40507 of 2025. The petitioner has no criminal antecedents.
5. Learned APP for the State opposes the prayer for bail and submits that anticipatory bail was granted to co-accused Neeraj Kumar considering that no specific allegation of assault, overt act, or firing was attributed to him. In contrast, a specific allegation of firing has been levelled against co-accused Raj Kishore Kumar.
6. Upon perusal of the order dated 03.07.2025 passed in Criminal Miscellaneous No. 40507 of 2025, it appears that the allegations against the present petitioner, Deepak Kumar, and co-accused Neeraj Kumar are not identical. While there is no allegation against Neeraj Kumar, it is alleged that the petitioner engaged the informant in conversation, thereby facilitating the incident.
7. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Teghra P.S. Case No. 34/2025, pending before the learned CJM, Begusarai is hereby rejected.
Patna High Court CR. MISC. No.47158 of 2025(2) dt.30-07-2025 3/3
8. However, if the petitioner surrenders before the Trial Court within six weeks from today, the Trial Court is directed to pass an order on his surrender-cum-bail application on the same day, without being prejudiced by the fact that the petitioner's anticipatory bail has been rejected by this Court. (Dr. Anshuman, J) Ashwini/- U T