Deepak Kumar @ Deepu Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Deepak Kumar @ Deepu Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram/court concerned in connection with Sasaram Mufassil P.S. Case No. 314 of 2025, subject to the conditions in Section 480(3) of BNSS and three additional conditions (close-relative bailor; presence on every date fixed by the court below; bail bond liable to cancellation on absence on three consecutive dates or violation of bail terms).

Issue for consideration

Whether the petitioner, an accused in Sasaram Mufassil P.S. Case No. 314 of 2025 registered for alleged offences under Sections 115(2), 126(2), 109, 303(2), 352, 351(2), 61(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, should be released on bail.

Court's answer

Having regard to the facts and circumstances, submissions of the parties, the nature of allegation, the period of custody of the petitioner, his clean antecedent and submission of charge-sheet, the petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram/court concerned in connection with Sasaram Mufassil P.S. Case No. 314 of 2025.

Ratio / Principle

The release on bail was made subject to the conditions mentioned in Section 480(3) of BNSS and three additional conditions: (i) one of the bailors will be a close relative of the petitioner; (ii) the petitioner will remain present on each and every date fixed by the court below; and (iii) in case of absence on three consecutive dates or violation of the terms of bail, the bail bond will be liable to be cancelled by the court concerned.

Detailed headnote1 paragraphs

Bail granted — Deepak Kumar @ Deepu v. The State of Bihar, Patna High Court, Criminal Miscellaneous No.82514 of 2025, decided 04-12-2025 (Arun Kumar Jha, J). The petitioner, accused in Sasaram Mufassil P.S. Case No. 314 of 2025 (District Rohtas) for alleged offences under Sections 115(2), 126(2), 109, 303(2), 352, 351(2), 61(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, sought bail. Prosecution case: six persons on three motorcycles surrounded the informant's motorcycle, took its key and assaulted him; one miscreant on motorcycle bearing Registration No. BR 24 AB 5505 struck the back of the informant's head with an iron hand punch; co-accused snatched a file of certificates, Rs. 9000/- cash and a mobile phone; the petitioner's name transpired during investigation, allegedly because the motorcycle belonged to him and was seized in front of his house. Learned senior counsel pleaded false implication, simple injuries per the injury report, clean antecedent, custody since 22.09.2025 and submission of charge-sheet; the learned APP opposed bail. Considering the nature of allegation, the period of custody, clean antecedent and submission of charge-sheet, the Court directed release on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram/court concerned, subject to the conditions in Section 480(3) of BNSS and additional conditions: one bailor to be a close relative; presence on each and every date fixed by the court below; and liability of the bail bond to cancellation on absence on three consecutive dates or violation of bail terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82514 of 2025

Arising Out of PS. Case No.-314 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas

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

Deepak Kumar @ Deepu Son of Manoj singh Resident of village- Neema, P.S.- Sasaram, District- Rohtas.

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. D. K. Sinha, Sr. Advocate Mr. Alexander Ashok, Advocate For the Opposite Party/s : Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 04-12-2025

Heard learned senior counsel appearing on behalf of

the petitioner and learned APP for the State.

In the present case, the petitioner seeks bail in

connection with Sasaram Mufassil P.S. Case No. 314 of 2025 registered for the alleged offences under Sections 115(2), 126(2), 109, 303(2), 352, 351(2), 61(2), 3(5) of Bharatiya Nyaya Sanhita, 2023.

As per prosecution case, in the background of earlier dispute, six persons on three motorcycles surrounded the motorcycle of the informant and forcibly took the key of his motorcycle and started assaulting the informant. One miscreant, who had been driving the motorcycle bearing Registration No. BR 24 AB 5505, assaulted on back of the head of the informant

Patna High Court CR. MISC. No.82514 of 2025(2) dt.04-12-2025 2/3

with iron hand punch and other co-accused persons snatched the file containing certificates of the siblings of the informant and also of his uncle, Rs. 9000/- cash and mobile phone of the informant. The name of the petitioner transpired during investigation.

Learned senior counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of the fact that the motorcycle mentioned in the FIR belongs to this petitioner. On the date of occurrence, the petitioner and one of his relatives had gone to a religious place where scuffle took place between the informant and his enemies. But the petitioner has been roped in this case due to presence of his motorcycle at the place of occurrence. The petitioner has been made accused in this case merely because of the fact that the motorcycle in question was seized in front of his house. The injury report of the informant shows simple injuries. The petitioner is having clean antecedent. The petitioner is in custody since 22.09.2025 and charge-sheet has been submitted.

Learned APP for the State opposes the prayer for

bail.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the

Patna High Court CR. MISC. No.82514 of 2025(2) dt.04-12-2025 3/3

nature of allegation and further considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram/court concerned in connection with Sasaram Mufassil P.S. Case No. 314 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

Ashish/-

U T

(Arun Kumar Jha, J)