Deepak Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Deepak Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to be released on bail, if arrested or surrendering within four weeks before the learned court below, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Dumariya P.S. Case No. 89 of 2022, should be released on bail in the event of their arrest or surrender before the learned court below.

Court's answer

Anticipatory bail allowed: the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, are to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Dumariya P.S. Case No. 89 of 2022.

Ratio / Principle

The release on bail is made subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J.), order dated 02-04-2025 in CRIMINAL MISCELLANEOUS No.15696 of 2025 arising out of Dumariya P.S. Case No. 89 of 2022, District Gaya: anticipatory bail allowed to three petitioners (Deepak Kumar, Naresh Paswan and Manoj Paswan) who apprehended arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code, in which the accused persons including the petitioners were alleged to have abused and assaulted the informant with tangi, knife and hockey stick, assaulted his wife, and co-accused Deepak Kumar was alleged to have tried to outrage the modesty of the informant's sister. Counsel for the petitioners submitted that they were innocent and falsely implicated, that there was a land dispute between the parties who belong to the same family, and that the petitioners were persons of clean antecedent. Considering these facts and circumstances, the Court directed that the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya, subject to the conditions laid down under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15696 of 2025

Arising Out of PS. Case No.-89 Year-2022 Thana- DUMARIYA District- Gaya

======================================================

1. Deepak Kumar Son of Naresh Paswan Resident of village- Sidhpur, POAdarchak, PS- Sumariya Gaya, District- Gaya, Bihar-824206

1. Naresh Paswan Son of Sipahi Paswan Resident of village- Sidhpur, POAdarchak, PS- Sumariya Gaya, District- Gaya, Bihar-824206

1. Manoj Paswan Son of Mohan Paswan Resident of village- Sidhpur, POAdarchak, PS- Sumariya Gaya, District- Gaya, Bihar-824206

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Shashi Kant For the Opposite Party/s : Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

Heard learned counsel for the petitioners as well as

2 02-04-2025 the learned APP for the State.

The petitioners apprehend their arrest in connection with Dumariya P.S. Case No. 89 of 2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code.

As per allegation, the accused persons including the petitioners abused and assaulted the informant with tangi , knife and hockey stick. They also assaulted his wife. It is further alleged that co-accused Deepak Kumar tried to outrage the modesty of his sister.

Patna High Court CR. MISC. No.15696 of 2025(2) dt.02-04-2025 2/2

The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is land dispute between the parties and they belong to the same family. The petitioners are the persons of clean antecedent.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Dumariya P.S. Case No. 89 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J)

kundan/-

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