Deepak Kumar @ Paisathwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90789 of 2025 Arising Out of PS. Case No.-394 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== Deepak Kumar @ Paisathwa Son of Braj Bhushan Ray @ Bhushan Rai R/o Village - Ranipur, P.S. - Mehandiganj, Distt. - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-01-2026 Heard Mr. Jay Ram Prasad, learned counsel for the petitioner and Mr. Ram Naresh Ray, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 02.08.2025 in connection with Chowk P.S. Case No. 394 of 2022, F.I.R. dated 06.09.2022 for the offences punishable under Sections 307, 34 and 120(B) of the IPC and Section 27 of the Arms Act.
3. According to prosecution case, all the accused persons including this petitioner knocked the door of the informant and co-accused Shivam Singh fired upon him but anyhow informant saved himself. It is alleged by the informant that one Golu Choudhary gave Rs. 2 lakhs to the petitioner to kill him.
Patna High Court CR. MISC. No.90789 of 2025(2) dt.13-01-2026 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. From perusal of the F.I.R it appears that the date of occurrence is 17.08.2022 but the present F.I.R has been instituted on 06.09.2022 i.e., after delay of 20 days without giving any explanation of the said delay, afterthought only to falsely implicate the petitioner. The allegation of firing is against the co-accused, Shivam Kumar. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 02.08.2025.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R and apart from that the petitioner carries five criminal antecedents other than the present one but fairly submits that the petitioner is on bail in all the pending matter.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned S.D.J.M,
Patna High Court CR. MISC. No.90789 of 2025(2) dt.13-01-2026 3/3 Patna City, Patna in connection with Chowk P.S. Case No. 394 of 2022, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T