Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioner, Prakash Kumar, was named in an FIR for alleged ransom demands over telephone, alleged offences under Sections 140(2) and 3(5) of the Bihar Negotiable Securities Act. He applied for anticipatory bail, arguing that the allegations stem from a business/monetary dispute and that a co‑accused in the same case had already been granted anticipatory bail. The trial court had earlier rejected his bail application, while the learned Sessions Judge also denied it. The High Court noted the similarity with the co‑accused’s bail and the prima‑facie nature of the monetary dispute, and consequently ordered that the petitioner be released on bail upon surrender, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Securities Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the earlier rejection and the nature of the allegations.
- Whether the existence of a similar bail order for a co‑accused influences the decision on the petitioner’s bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 140(2), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- ransom demand
- monetary dispute
- Section 438
- Section 482
- Bihar Negotiable Securities Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10747 of 2026
Arising Out of PS. Case No.-579 Year-2025 Thana- GARDANIBAG District- Patna
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Prakash Kumar S/o Ram Chandra Rajan R/o Village - Yogipur, Shiv Mandir,
Alok Bhawan Gali, P.S - Patrakar Nagar, District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Munna Kumar
For the Opposite Party/s : Mr.Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Gardanibagh P.S. Case
No. 579 of 2025 registered for the offences punishable under
Sections 140(2) and 3(5) of the BNS.
3. As per FIR, informant heard the voice of petitioner
and other co-accused over telephone, while talking to her husband
demanding ransom money of Rs. 5 lakhs.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that in the background of business/
monetary dispute present false implication was raised. It is
submitted that similarly situated co-accused considering all facts
was granted anticipatory bail by learned trial court itself through
ABP No. 5052 of 2025 dated 16.12.2025 and subsequently when
anticipatory bail of petitioner was prayed before learned Sessions
Patna High Court CR. MISC. No.10747 of 2026(2) dt.23-02-2026
2/2
Judge, Patna same was rejected with only reason as his earlier
ABP No. 4633 of 2025 was rejected. While concluding argument,
it is submitted that petitioner found involved in one more criminal
case where he is on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as implication of this petitioner prima-facie appears in
the background of monetary/civil dispute, where with same
allegation one of the co-accused has already granted anticipatory
bail by learned trial court itself, accordingly petitioner above-
named, in the event of his arrest or surrender before the court
below within a period of four weeks, is directed to be released on
bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of the
learned ACJM-XIII, Patna/concerned Court, where the case is
pending in connection with Gardanibagh P.S. Case No. 579 of
2025, subject to the conditions as laid down under Section 438(2)
of the Cr.P.C/ Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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