Patna High Court

Shambhu Prasad @ Shambhu KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

Pre‑arrest bail was denied and the petitioners were ordered to surrender and apply for regular bail.

Summary

The petitioners, Shambhu Prasad and Anju Devi, applied for pre‑arrest bail in connection with a case registered under Sections 103(2) and 3(5) of the BNS. The Hon’ble Justice Purnendu Singh examined the nature of the allegations and declined to grant pre‑arrest bail. The court directed the petitioners to surrender before the District Court and seek regular bail there. The District Court was instructed to consider the bail application on the same day based on the investigation evidence. Consequently, the pre‑arrest bail application was disposed of.

Issues considered

Whether the petitioners are entitled to pre‑arrest bail under Sections 103(2) and 3(5) of the BNS

Legislation cited

BNS — s. 103(2), 3(5)

Subjects

pre‑arrest bail
regular bail
criminal procedure
BNS
Sections 103(2)
Section 3(5)
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10130 of 2026
                        Arising Out of PS. Case No.-157 Year-2025 Thana- BELCHHI District- Patna
                 ======================================================
           1.     Shambhu Prasad @ Shambhu Kumar S/o- Ramjanam Prasad Residetn of
                  Village- Janki, PS- Bind District- Nalanda
           2.    Anju Devi @ Anju Kumari W/o- Shambhu Prasad @ Shambhu Kumar
                 Residetn of Village- Janki, PS- Bind District- Nalanda

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ravi Ranjan Mallick, Advocate
                 For the Opposite Party/s :        Mr.Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel appearing on behalf of the

                   petitioners and learned APP for the State.

                                   2. The petitioners seek pre-arrest bail in connection

                   with Belchhi P.S. Case No. 157 of 2025 registered for the

                   offence punishable under Sections 103(2), 3(5) of the BNS.

                                   3. Considering the nature of allegation against the

                   petitioners, I am not inclined to enlarge the petitioners on pre-

                   arrest bail.

                                   4. The petitioners may surrender before the learned

                   District Court and seek regular bail. The learned District Court

                   is directed to consider the bail application of the petitioners on

                   the same day and pass order in accordance with law based on
           Patna High Court CR. MISC. No.10130 of 2026(2) dt.12-03-2026
                                                       2/2




                     the evidences collected in course of investigation.

                                     5. The bail application stands disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T

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