Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58364 of 2025 Arising Out of PS. Case No.-249 Year-2018 Thana- BARHIYA District- Lakhisarai ====================================================== Deepak Kumar S/O Nageshwar Singh @ Naga Singh R/O Village- Sherpur, P.S.- Maranchi, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that the son of the informant was killed by unknown miscreants. During investigation, one Anmol Kumar @ Khatri @ Bilaiya stated before police that he had seen the occurrence. According to this witness, the dispute arises out of the distribution of looted articles between the deceased and the culprits including the petitioner. According to Anmol Kumar, two persons namely Raja Kumar and Deepak allegedly fired at the deceased which caused injury and death.

Patna High Court CR. MISC. No.58364 of 2025(2) dt.27-08-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that the name of this petitioner has surfaced in the statement of Anmol Kumar. It has also been submitted that the statement of the witness is afterthought. In fact, no one had seen the occurrence. Similarly situated accused Raja @ Raja Kumar has been granted bail by learned coordinate Bench of this Court vide order dated 05.03.2020 in Cr. Misc. No. 75239 of 2019. The case of this petitioner stands on similar footing. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.06.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

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 released on bail in connection with Barhiya P.S. Case No. 249 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.58364 of 2025(2) dt.27-08-2025 3/3 each to the satisfaction of learned C.J.M., Lakhisarai. (Ashok Kumar Pandey, J) Shubham/- U T