Deepak Rai Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Deepak Rai Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released in the event of arrest or surrender before the learned Court below within four weeks, on bail bonds of Rs.10,000 each with two sureties of the like amount each, to the satisfaction of learned J.M.F.C., Bhojpur at Ara, in connection with Sahar P.S. Case No. 78/2024, subject to conditions under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S.

Issue for consideration

Whether petitioner Deepak Rai, who apprehends arrest in connection with Sahar P.S. Case No. 78 of 2024 (offences under Sections 147, 148, 149, 307, 302, 448, 201, 447 of the I.P.C. and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act), should be released on anticipatory bail.

Court's answer

The court directed release of petitioner Deepak Rai on anticipatory bail in the event of arrest or surrender before the learned Court below within four weeks from the date of the order, on furnishing bail bonds of Rs.10,000 each with two sureties of the like amount each, to the satisfaction of learned J.M.F.C., Bhojpur at Ara, subject to the conditions laid down under Section 438(2) CrPC / Section 482(2) BNSS.

Ratio / Principle

Ground for the grant: during investigation many eyewitnesses stated that the petitioner was not present at the place of occurrence.

Detailed headnote1 paragraphs

Anticipatory bail granted. Patna High Court (Justice Sourendra Pandey), oral order dated 04-07-2025 in Criminal Miscellaneous No.20835 of 2025 arising out of Sahar P.S. Case No.78 of 2024, Thana Sahar, District Bhojpur, registered for offences under Sections 147, 148, 149, 307, 302, 448, 201, 447 of the I.P.C. and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act. Petitioner Deepak Rai, apprehending arrest, to be released on anticipatory bail in the event of arrest or surrender before the Court below within four weeks, on bail bonds of Rs.10,000 each with two sureties of like amount, to the satisfaction of learned J.M.F.C., Bhojpur at Ara, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions. Grant rested on investigation-stage statements of many eyewitnesses that the petitioner was not present at the place of occurrence; prosecution alleged firing in which the informant's son was declared dead. Counsel had noted anticipatory bail earlier granted to co-accused Kiran Devi, Kanti Kaur and Rita Devi (orders dated 27.03.2025 and 06.08.2024 in Cr. Misc. Nos. 4868/2025 and 54406/2024). Application stands disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20835 of 2025

Arising Out of PS. Case No.-78 Year-2024 Thana- SAHAR District- Bhojpur

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

Deepak Rai S/O Sri Sriman Narayan Rai R/O Village- Perhap, P.S- Sahar, Distt.- Bhojpur, Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ravi Shankar Roy For the Opposite Party/s : Mr.Umesh Lal Verma ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

5 04-07-2025

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Sahar P.S. Case No. 78 of 2024 registered for the offences under Sections 147, 148, 149, 307, 302, 448, 201, 447 of the I.P.C. and under Section 25(1-b)a, 26, 27 and 35 of the Arms Act.

As per the prosecution case, the informant alleges that named male accused persons entered his Dalan where he was sitting with his son and on account of previous enmity, the accused being agnates fired, on which, the informant and his son fled inside their house, thereafter, co-accused Priyanshu, Deepak and Sonu fired indiscriminately causing injury to his son, further Diwakar, Vishnu, Suman, Parmatma, Nandu, Chhotak and 3-4 unknown also fired at the informant and his son who was lying

Patna High Court CR. MISC. No.20835 of 2025(5) dt.04-07-2025 2/3

on the ground while other co-accused persons were was watching the occurrence from the window. It is next alleged that his son was declared dead by the doctor.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that similarly situated coaccused namely Kiran Devi, Kanti Kaur and Rita Devi have been granted anticipatory bail by Co-ordinate Benches of this Court vide orders dated 27.03.2025 and 06.08.2024 passed in Cr. Misc. Nos. 4868/2025 and 54406/2024. It is lastly submitted that the petitioner has three criminal antecedents.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties and also considering the fact that during the course of investigation many eye witnesses have stated that the petitioner was not present at the place of occurrence, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.20835 of 2025(5) dt.04-07-2025 3/3

satisfaction of learned J.M.F.C., Bhojpur at Ara in connection with Sahar P.S. Case No. 78/2024 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of the B.N.S.S.

This application stands disposed of.

(Sourendra Pandey, J)

tusharika/-

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