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2026 Supreme(Online)(Pat) 3774

PATNA HIGH COURT
Prabhat Kumar Singh, J
Deepak Mukhiya @ Deepak Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.6150 of 2026



Advocates:
For the Appellants/Petitioners:Mr. Sharda Nand Mishra, Advocate, Mr. Sumit Kumar Gupta, Advocate, Ms. Isha Mishra, Advocate
For the Respondents: Mr. Binod Kumar, APP

Anticipatory bail granted due to absence of direct evidence and general accusations without proof of complicity.

Headnote:The petitioner apprehends arrest for offenses punishable under Sections 310(2) and 3(5) of the B.N.S. on a general accusation following an incident where the informant was robbed. The court evaluated the absence of direct evidence against the petitioner, concluding that the confession of a co-accused was insufficient for complicity. The court granted anticipatory bail based on the clean antecedents of the petitioner and the general nature of the accusations.

Table of Content
1. arguments and evidence against the petitioner. (Para 4 , 5)
2. court decision to grant bail. (Para 6 , 7)

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 04-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 310(2) and

3(5) of the B.N.S. .

3. As per prosecution case, it is alleged that on

21.08.2025 at about 8:30 AM, when the informant was going home on his motorcycle, in the meantime, seven unknown miscreants riding on three different bikes, intercepted him, snatched his bike and mobile phone and fled away.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R.. Name of petitioner transpired in this case during course of investigation, merely on the basis of confessional statement of co-accused Nitish Kumar. Save and except confessional statement, there is no material on record to show the complicity of this petitioner in the alleged occurrence. No stolen articles were recovered from possession of this petitioner. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned J.M. 1st Class, East Champaran, Motihari in connection with Pipra Kothi P.S. Case No. 291 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S. S..

(Prabhat Kumar Singh, J)

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