Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82613 of 2025 Arising Out of PS. Case No.-184 Year-2025 Thana- SARMERA District- Nalanda ====================================================== Deepak Kumar son of Bhola Kewat Village -Gaushnagar PS- Sarmera District -Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anil Kumar Singh, Advocate For the State :

Mr. Pramod Kumar Pandey, APP For the Informant :

Mr. Basant Kumar, Advocate Mr. Rakesh Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(1), 140(1), 61(2) and 238 of the B.N.S..

3. As per prosecution case, on 02.08.2025, brother of informant went outside but did not return and later on, his dead body was found. Informant believes that all the F.I.R. named accused persons committed murder of his brother.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.82613 of 2025(2) dt.03-12-2025 2/3 that petitioner is quite innocent and has committed no offence. Informant is not an eye witness to the occurrence. Petitioner is not named in the F.I.R.. Name of petitioner transpired in this case during course of investigation and the only material that has come against this petitioner is that he was also seen consuming liquor with other accused persons. There is no other direct or indirect evidence against the petitioner to show his complicity in the occurrence. Petitioner, having no criminal antecedents, is in custody since 08.08.2025.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 184 of

Patna High Court CR. MISC. No.82613 of 2025(2) dt.03-12-2025 3/3 2025.

(Prabhat Kumar Singh, J) shashank/- U T