Patna High Court
Hari Shankar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court denied pre‑arrest bail to the petitioner.
Summary
The petitioner, Hari Shankar Prasad, sought pre‑arrest bail after the police registered a case (Manjhi P.S. Case No. 277 of 2025) alleging his involvement in a conspiracy to illegally mutate land records. The petition alleges that the petitioner filed a mutation application based on a forged sale deed, resulting in the illegal addition of a khata number to survey 4757. The State and the informant opposed the bail, contending that the petitioner was implicated in offences punishable under Sections 338, 336(3) and 318(4) of the Bharatiya Nyaya Sanhita. The petitioner argued that he was innocent and only a suspect. After hearing both sides, the Court found the allegations sufficient to deny the bail request. Consequently, the petition for pre‑arrest bail was rejected.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in view of the alleged conspiracy and offences under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 318(4), 336(3), 338
Subjects
- pre‑arrest bail
- land mutation fraud
- conspiracy
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1018 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- MANJHI District- Saran
======================================================
Hari Shankar Prasad Son of Late Ambika Prasad R/o Village - Manjhi
Miyapatti, P.S. - Manjhi, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Kumar Pandey, Advocate
For the State : Mr. Bharat Bhushan, Addl. Public Prosecutor
For the Informant : Mr. Anant Kumar Bhaskar, Advocate
Mr. Sanjay Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in connection with
Manjhi P.S. Case No. 277 of 2025 registered for the offences
punishable under Sections 338, 336(3) and 318(4) of Bharatiya
Nyaya Sanhita.
3. It is alleged that this petitioner, in conspiracy, filed
mutation case no. 3392R-27/19-20 on the basis of his sale deed
document no. 1168 dated 29.12.20217 and illegally got mutated
survey no. 4757 in his name by adding khata no. 144 in front of
the survey no. 4757 in the computer data. During inquiry, the
aforesaid illegality was also highlighted by the Circle Officer,
Manjhi and SHO, Manjhi issued letter no. 1320 dated 5.8.2024
Patna High Court CR. MISC. No.1018 of 2026(2) dt.21-01-2026
2/2
for taking appropriate legal action in this regard.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Petitioner
has been made accused in this case only on suspicion.
5. Learned A.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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