Deepak Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Deepak Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner no. 2 (Bittu Singh): on arrest/surrender before the court below within eight weeks, to be enlarged on bail on a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Nawada, in connection with Sirdala P.S. Case No. 303 of 2025, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023; the application of petitioner no. 1 (Deepak Kumar) dismissed as withdrawn, permission to withdraw having been granted as he was already arrested.

Issue for consideration

Whether anticipatory bail should be granted to petitioner no. 2 (Bittu Singh), who apprehends arrest in Sirdala P.S. Case No. 303 of 2025 registered for offences punishable under Sections 190, 191(2), 126(2), 109, 118(1), 117(2), 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita.

Court's answer

Anticipatory bail allowed for petitioner no. 2 (Bittu Singh): considering the backdrop of the case and nature of accusation, in the event of his arrest/surrender before the court below within eight weeks, he is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Nawada, in connection with Sirdala P.S. Case No. 303 of 2025, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Ratio / Principle

Permission granted to withdraw the anticipatory bail application of petitioner no. 1 (Deepak Kumar), who had already been arrested during pendency of the case; his application is dismissed as withdrawn.

Detailed headnote1 paragraphs

Patna High Court, CRIMINAL MISCELLANEOUS No.13740 of 2026 (arising out of Sirdala P.S. Case No. 303 of 2025, District Nawada), oral order dated 23-03-2026 delivered by Prabhat Kumar Singh, J. Anticipatory bail application by two named accused, Deepak Kumar and Bittu Singh; as per the F.I.R., all the named accused persons, including the petitioner, assaulted the brother of the informant with iron rod, khanti and hockey stick, and the case was registered for offences punishable under Sections 190, 191(2), 126(2), 109, 118(1), 117(2), 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita. Petitioner no. 1 having already been arrested during pendency, counsel was permitted to withdraw his application, which was dismissed as withdrawn. For petitioner no. 2, learned counsel urged innocence, that the allegation of assault was general and omnibus with no specific overt act attributed to him, and that similarly situated co-accused had already been granted anticipatory bail by a co-ordinate Bench vide order dated 18.12.2025 in Cr. Misc. No. 83415 of 2025; the learned A.P.P. opposed the bail application. Considering the backdrop of the case and nature of accusation, the Court allowed anticipatory bail to petitioner no. 2: in the event of his arrest/surrender before the court below within eight weeks, he was to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Nawada, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13740 of 2026

Arising Out of PS. Case No.-303 Year-2025 Thana- SIRDALA District- Nawada

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

Deepak Kumar S/o Manoj Singh R/o Village- Padeya, P.S- Sirdala, DistNawada.

Bittu Singh S/o Anugrah Singh R/o Village- Padeya, P.S- Sirdala, DistNawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 23-03-2026

At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application with regard to petitioner no. 1 as he has already been arrested during pendency of the case.

Permission is granted.

This anticipatory bail application with regard to

petitioner no. 1 is, accordingly, dismissed as withdrawn.

Heard learned counsel for the petitioners and the

State.

Petitioner no. 2 apprehends arrest in a case registered for the offences punishable under Sections 190, 191(2), 126(2), 109, 118(1), 117(2), 303(2), 352, 351(2) of the

Patna High Court CR. MISC. No.13740 of 2026(2) dt.23-03-2026 2/3

Bharatiya Nyaya Sanhita.

As per F.I.R., all the named accused persons, including this petitioner, assaulted brother of the informant with iron rod, khanti and hockey stick.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Allegation of assault is general and omnibus and there is no allegation of any specific overt act against petitioner. Similarly situated coaccused persons have already been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 18.12.2025 passed in Cr. Misc. No. 83415 of 2025.

Learned A.P.P. for the State vehemently opposed the bail application.

Considering backdrop of the case and nature of accusation, this anticipatory bail is allowed and it is ordered that let the above named petitioner no. 2 in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1^st Class, Nawada in connection with Sirdala P. S. Case No. 303 of 2025, subject to condition as laid down under Section 482(2) of the

Patna High Court CR. MISC. No.13740 of 2026(2) dt.23-03-2026 3/3

Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

Navya/-

U T