Deepak Samrat @ Deepak Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80996 of 2025 Arising Out of PS. Case No.-71 Year-2023 Thana- RASULPUR District- Saran ====================================================== Deepak Samrat @ Deepak Kumar Sah S/O Sheo Kumar @ Sheo Kumar Sah @ Shivkumar Sah R/O Village- Chainpur, P.S- Chainpur, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rasulpur P.S. Case No. 71 of 2023 instituted for the offence under Sections 25(1-b)a, 26 & 35 of the Arms Act. 3.

Prosecution case in short is that there is recovery of one country made pistol along with one live cartridge from the possession of the co-accused, namely, Rohit Kumar Mahto. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.09.2025. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.80996 of 2025(2) dt.15-12-2025 2/2 counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner has no concern with the recovered arms. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel next submits that police after investigation has already submitted charge sheet in this case. There is no compliance of Section 103 of the BNSS, 2023.

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, manner of petitioner's implication 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 Rasulpur P.S. Case No. 71 of 2023.

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