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Patna High Court

Jitendra PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions stipulated under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

The petitioner, Jitendra Prasad, sought anticipatory bail fearing arrest in a case (Deo P.S. Case No.146 of 2025) alleging offences under Sections 126(2), 115(2), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, including assault on an informant’s daughter‑in‑law. The prosecution alleged that the petitioner and others entered the informant’s house and assaulted the victim with bricks and stones. The petitioner contended that he was falsely implicated, that the FIR lacked specific allegations and motive, that the injuries were minor, and that he has a clean antecedent. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nyaya Sanhita, including bond requirements and personal appearance obligations. The order clarified that any observations made would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations.
  • Whether the FIR and the prosecution’s case disclose sufficient grounds to deny bail.
  • Whether the petitioner poses a risk of fleeing or tampering with evidence.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10199 of 2026
                       Arising Out of PS. Case No.-146 Year-2025 Thana- DEV District- Aurangabad
                 ======================================================
                 Jitendra Prasad, S/O Late Suryadeo Prasad R/O Vill.- Dhanaw, P.S.-
                 Daudnagar, Dist.- Aurangabad, Bihar, At Present Vill.- Sihuli, P.S.- Obra,
                 Dist.- Aurangabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailesh Kumar Singh, Advcoate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   25-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Deo P.S. Case No. 146 of 2025 registered for the offences under

                   Sections 126(2), 115(2), 109, 352, 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the named accused

                   persons, including the petitioner, entered the house of the

                   informant and assaulted the daughter-in-law of the informant by

                   brick, stones and other weapons.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated in this case and no such

                   incident as alleged had occurred. It has further been submitted
Patna High Court CR. MISC. No.10199 of 2026(2) dt.25-02-2026
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          that total seven persons have been named as an accused without

          any specific allegations against them. Learned counsel for the

          petitioner has referred to Annexure-2 series whereby the injury

          reports would go on to show that the injuries sustained by the

          injured persons were found to be simple in nature. It has next

          been submitted that from perusal of the FIR, it would be evident

          that no motive has been alleged. It has lastly been submitted that

          the petitioner has clean antecedent.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Deo P.S. Case No. 146 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Code of Criminal Procedure

          read with corresponding Section 482(2) of B.N.S.S. as well as

          subject to the following conditions:-

                          (i) One of the bailors of the petitioner shall be his close
              Patna High Court CR. MISC. No.10199 of 2026(2) dt.25-02-2026
                                                          3/3




                                        relative.
                                        (ii) The petitioner shall remain physically present in
                                        Court on each date of the trial.
                                        (iii) In case of absence on two consecutive dates, or in
                                        violation of the terms of the bail, the bail bond of the
                                        petitioner will be liable to be cancelled by the Court
                                        concerned.
                                        (iv) If the petitioner is found involved in similar nature
                                        of offence in future, the prosecution shall be at liberty
                                        to move for cancellation of his bail bond.
                                        (v) The learned Court below shall verify the criminal
                                        antecedent of the petitioner and in case at any stage it is
                                        found that the petitioner has concealed his criminal
                                        antecedent, the court below shall take step for
                                        cancellation of bail bond of the petitioner. However, the
                                        acceptance of bail bonds in terms of the above-
                                        mentioned order shall not be delayed for purpose of or
                                        in the name of verification.

                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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