Patna High Court
Jitendra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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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