Dismissed¶24

Deepu Malakar v. The State of Bihar

Patna HC12 May 2025CR. MISC./83992/2024

Case brief

AI extract

What is this about?

anticipatory bail; bail application rejected; Patna High Court; CRIMINAL MISCELLANEOUS No.83992 of 2024; Deepu Malakar; Gaya Mufassil P.S. Case No. 507 of 2024; Sections 147, 148, 149, 387, 307, 504, 506 IPC; Section 27 Arms Act; ransom demand; identification by informant; parity with co-accused; Sharwan Kumar @ Shawan Kumar Chaudhary; Cr. Misc. No. 6644 of 2025; order dated 18.03.2025; Prabhakar Tewari v. The State of Uttar Pradesh; AIR Online 2020 SC 96; Dr. Anshuman, J.; 12-05-2025

What did the court decide?

On bare perusal of the allegations, the allegations against the petitioner and the co-accused Sharwan Kumar @ Shawan Kumar Chaudhary are identical. ¶22

Deepu Malakar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶24

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is apprehending arrest in Muffasil P.S. Case No. 507 of 2024.

¶16

Court's answer

On bare perusal of the allegations, the allegations against the petitioner and the co-accused Sharwan Kumar @ Shawan Kumar Chaudhary are identical.

¶22

Ratio / Principle

The Court was not inclined to grant anticipatory bail because there were allegations against the petitioner of demanding ransom and he had been identified by the informant.

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Key takeaways

The bail application of the petitioner is rejected.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail refused (Patna High Court, oral order of Dr. Anshuman, J., dated 12-05-2025, in CRIMINAL MISCELLANEOUS No.83992 of 2024, arising out of Gaya Mufassil P.S. Case No. 507 of 2024, registered 14.06.2024, under Sections 147, 148, 149, 387, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act). The FIR named eight accused persons, including petitioner Deepu Malakar; the prosecution alleged that around 30-40 persons surrounded the informant's house with intent to loot and murder him, that the informant identified some accused, and that empty cartridges were recovered. Finding the allegations against the petitioner identical to those against co-accused Sharwan Kumar @ Shawan Kumar Chaudhary, whose bail application had been rejected on 18.03.2025 in Cr. Misc. No. 6644 of 2025, and without entering into the criminal antecedents of either (four pending cases against the petitioner, nine against the co-accused), the Court declined anticipatory bail on the ground that the petitioner was alleged to have demanded ransom and had been identified by the informant. The bail application was rejected. Counsel for the petitioner had invoked Prabhakar Tewari v. The State of Uttar Pradesh, AIR Online 2020 SC 96 (criminal antecedents alone not a basis to refuse bail); the Court did not adjudicate on that submission.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83992 of 2024

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Arising Out of PS. Case No.-507 Year-2024 Thana- GAYA MUFASIL District- Gaya

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

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Deepu Malakar S/O Naresh Malakar R/O Village- Bhadeja, P.S- Muffasil, Distt.- Gaya (Bihar).

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Tiwary, Adv. Mr. Md. Shahood Alam, Adv. For the Opposite Party/s : Mrs. Priya Ranjan, Adv. Mr. Bidhib Rajkar, Adv. Mr. Mukesh Kumar, Adv. Mr. Anunay Shahi, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 12-05-2025

¶9

Heard learned counsel for the petitioner, learned APP

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for the State and learned counsel for the informant.

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The petitioner is apprehending arrest in connection

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with Muffasil P.S. Case No. 507 of 2024, registered on 14.06.2024, for the offences punishable under Sections 147, 148, 149, 387, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

¶13

As per the prosecution, FIR has been lodged against eight named accused persons including the petitioner. It has been alleged in the FIR that around 30–40 accused persons surrounded the informant’s house with the intention to loot and

¶14

Patna High Court CR. MISC. No.83992 of 2024(3) dt.12-05-2025 2/4

¶15

murder the informant, and he has identified some of the accused. Thereafter, the informant called 112, and when the police arrived, all the accused persons fled away from the place of occurrence. It has also been alleged in the FIR that empty cartridges were recovered.

¶16

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that upon a bare reading of the FIR, it becomes crystal clear that the allegations are general and omnibus in nature, and there is no specific act or overt act against the petitioner. Counsel further submits that the criminal antecedents of the petitioner are not clean, as four criminal cases are pending against him, out of which he is on bail in three cases and he is pursuing bail in one case. Counsel also submits that nothing incriminating has been recovered from the petitioner’s possession, and he has been falsely implicated in this case with an ulterior motive. Therefore, it is prayed that anticipatory bail may be granted to him.

¶17

Counsel further relied on the judgment passed by the Hon’ble Supreme Court of India in the case of Prabhakar Tewari v. The State of Uttar Pradesh , reported in AIR Online 2020 SC 96 . Counsel further submits that the Hon’ble Supreme

¶18

Patna High Court CR. MISC. No.83992 of 2024(3) dt.12-05-2025 3/4

¶19

Court was pleased to hold that the offence alleged no doubt is grave and serious and there are several criminal cases pending against the accused. These factors by themselves cannot be the basis for refusal of prayer for bail.

¶20

Learned counsel for the informant vehemently opposes the prayer for bail and submits that the bail application of a similarly situated co-accused, namely Sharwan Kumar @ Shawan Kumar Chaudhary, has been rejected vide order dated 18.03.2025 passed in Cr. Misc. No. 6644 of 2025, and the antecedent of the petitioner is also not clean. Counsel further submits that both cases are identical with the same set of allegations, therefore, the bail application of the petitioner may be rejected.

¶21

Learned APP for the State opposes the prayer for bail and submits that the criminal antecedent of the petitioner is not clean, and under similar circumstances, the bail application of a co-accused has been rejected.

¶22

Upon bare perusal of the allegations, it transpires to this Court that the allegations against the present petitioner and the co-accused, namely Sharwan Kumar @ Shawan Kumar Chaudhary, are identical. Without entering into the fact that there is four criminal cases pending against the present

¶23

Patna High Court CR. MISC. No.83992 of 2024(3) dt.12-05-2025 4/4

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petitioner and nine criminal cases pending against the coaccused Sharwan Kumar @ Shawan Kumar Chaudhary, this Court is not inclined to grant anticipatory bail to the petitioner, as there are allegations against the petitioner for demanding ransom and he has been identified by the informant. Therefore, the bail application of the petitioner is hereby rejected .

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(Dr. Anshuman, J.)

¶26

Aman Kumar/-

¶27

U T

Deepu Malakar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepu Malakar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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