Patna High CourtCR. MISC./59356/2025bail granted

Deepak Kumar @ Deepak Kumar Gupta v. The State Of Bihar

2025-09-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59560 of 2025 Arising Out of PS. Case No.-418 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Mangal Sah S/o Late Amrit Lal Sah R/o - Laheriyaganj, P.S - Town, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Bahera P.S. Case No. 418 of 2024, instituted for the offences punishable under Sections 331(4) and 305(a) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that some unknown persons committed theft in the house of informant's uncle and looted Rs. 15,000/- along with other articles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.59560 of 2025(3) dt.26-09-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. The petitioner was arrested in Bahera P.S. Case No. 499 of 2024 in which he confessed his guilt before the police in his selfconfession and the same has got no evidentiary value. It is next submitted that no T.I. parade has been conducted in this case. The petitioner is in custody since 02.04.2025 and has got eight criminal antecedents. Learned counsel for the petitioner further submits that other co-accused have been granted regular bail by this Court vide order dated 04.09.2025 passed in Cr. Misc. No. 61435 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that from perusal of records it is clear that the FIR was registered against unknown persons and the petitioner was arrested in Bahera P.S. Case No. 499 of 2024 in which he confessed his guilt before the police in his self-confession. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.59560 of 2025(3) dt.26-09-2025 3/3

7. The prayer is rejected. The trial Court is directed to expedite the Trial.

(Rudra Prakash Mishra, J) Rajorshi/- U T