Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91793 of 2025 Arising Out of PS. Case No.-205 Year-2024 Thana- MAHKAR District- Gaya ====================================================== 1.

Deepak Kumar, S/o Manohar Manjhi, R/o Village- Keori, PS- Mahkar, District- Gaya ji.

2.

Kundan Kumar, S/o Binod Ravidas @ Vinod Ravidas, R/o vill - Satamas, P.S.- Mahkar, Dist.- Gayaji.

... ... Petitioner

Versus

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

For the Petitioners :

Mr. Shailesh Kumar, Advocate For the State :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 15-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The Petitioners seek bail in connection with Mahkar P.S. Case No.205 of 2024, registered for the offences punishable under Sections 334(1), 303(2) of the Bhartiya Nyaya Sanhita, 2023.

3. As per allegation, some unknown persons committed theft of Rs.6,000/- and some sweets from the sweet shop of the Informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case only on the basis of suspicion. He further submits that there

Patna High Court CR. MISC. No.91793 of 2025(2) dt.15-01-2026 2/3 is no connected material on record which could connected the Petitioner to the alleged offence.

5. He further submits that the petitioners have been languishing in jail since 26.06.2025.

6. It has also been stated in paragraph no. 3 of the bail petition that the petitioners have earlier been made accused in eleven other cases.

7. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one.

8. However, learned APP for the State vehemently opposes the prayer of the petitioners for bail.

9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioners, abovenamed, to be enlarged on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Mahkar P.S. Case No.205 of 2024 on the following conditions:

(i) The petitioners will make themselves available for interrogation by a police officer/court as and when required. (ii) The petitioners will undertake that

Patna High Court CR. MISC. No.91793 of 2025(2) dt.15-01-2026 3/3 investigation/trial will not get hampered on account of their absence or non-cooperation. They must be available to the police or the court whenever their presence is required. (iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioners have criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U T