Wednesday, May 27, 2026

Supreme Court sets aside order by Justice Prabhat Kumar Singh in a case from Jehanabad

In Deepak Kumar @ Deepak Yadav vs. The State of Bihar (2026), Supreme Court's Division Bench of Justices Sanjay Karol and Augustine George passed a 4-page long order dated May 26, 2026, wherein, it concluded:" 7. We allow the present appeal by confirming the order dated 27.04.2026, passed by this Court, with a direction to the appellant to continue to cooperate during the investigation/trial and not to take any unnecessary adjournment. Also, the appellant shall report before the Investigating Officer every alternate Monday, between 10 a.m. and 11 a.m., till such time the investigation is complete in all respects. 8. If the Investigating Officer/Arresting Officer/Trial Court feels that the investigation/trial is delayed on account of the appellant’s conduct, it shall be open to the Investigating Officer/Arresting Officer/Trial Court to take appropriate steps in accordance with the law, including cancellation of bail. 9. The impugned judgment and order dated 12.03.2026 is set aside." The impugned order was passed by Patna High Court's Justice Prabhat Kumar Singh.

The appellant had challenges the judgment and order by Justice Singh. On April 27, 2026, the Supreme Court had passed an order, which reads: "8. In the event of arrest in connection with Crime No.5790020250137 of 2025 of Kako Police Station, Jehanabad District, Bihar, the petitioner shall be released on bail on the appropriate terms and conditions as may be fixed by the Investigating Officer/Arresting Officer. However, in the attending facts, one of the conditions shall necessarily be that if the petitioner possesses a passport, the same shall be deposited before the Competent Authority/Court, till the
conclusion of the Trial or directed otherwise. 9. The petitioner shall make himself available before the Investigating Officer on 04.05.2026 at 10:00 a.m. and on all such dates as he may be required. 10. Needless to add, till the investigation is not complete in all respects, the petitioner would fully cooperate, and if the challan/charge sheet is filed, he would maintain good conduct and not attempt to influence any
of the witnesses in any manner till the completion of the trial.”

Supreme Court's May 2026 order pointed out that "5.Assault or criminal force to deter public servant from discharge of his duty It is not in dispute that the conditions stand fully complied with; the appellant has cooperated during the investigation; he has not threatened or intimidated any of the witnesses; or has tried to influence the investigation in any manner. 6. We have noticed the nature of crime and the manner in which it was allegedly committed.

Earlier, in Deepak Kumar @ Deepak Yadav vs. The State of Bihar (2026), Patna High Court's Prabhat Kumar Singh passed a 2-page long order dated March 12, 2026, wherein, he concluded:"3. As per F.I.R., this petitioner is alleged to have created obstruction in construction of ‘pucca nala’ work and also assaulted informant, who is a government employee while executing his government lawful duty, and due to which, the construction work could not be completed. 4. Considering the nature of accusation, the prayer for anticipatory bail of petitioner is rejected." Supreme Court has reversed Justice Singh's order. 

The petitioner had approached the High Court apprehending his arrest in Kako P.S. Case of 2025, registered for offence punishable under Sections 191(2), 126(2), 115(2), 110 and 132 of the Bhartiya Nayay Sanhita, 2023, which pertain to rioting, wrongful restraint,  voluntarily causing hurt, and attempt to commit culpable homicide respectively. The case was filed in the High Court on September 8, 2025 and registered on September 10, 2025.

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