Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50995 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- MAHESHKHUNT District- Khagaria ====================================================== Deepak Kumar S/o Abadh @ Abdhesh Mandal R/o vill - Temha Banni Rohari, P.S.- Maheshkhut, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Seema Kumari, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Maheshkhut P.S. Case No. 28 of 2025 instituted for the offence under Sections 126(2), 115(2), 117(2), 109, 303(2), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case is that on 04-02-2025, several armed accused persons including the petitioner, in a drunken state, forcibly entered into the informant's house, assaulted him and his cousin causing serious injuries, looted cash and jewellery, and fled away after firing and issuing threats. The injured were later treated at the hospital.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.50995 of 2025(2) dt.07-08-2025 2/3 that the petitioner is in custody since 24-03-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. So far as allegation against the petitioner is concerned, it is alleged that petitioner assaulted the informant on his head by means of handle of hand pump. Injury of the informant is opined to be grievous in nature caused by hard and blunt substance. There is case and counter case between the parties. Police upon completion of investigation has submitted chargesheet in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being case and counter case between the parties and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maheshkhut P.S.

Patna High Court CR. MISC. No.50995 of 2025(2) dt.07-08-2025 3/3 Case No. 28 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T