Patna High Court
Upendra PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to petitioners 3, 4 and 5 but denied it to petitioners 1 and 2.
Summary
The petitioners, five members of the same family, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Indian Penal Code for alleged assaults involving an axe, a khanti, and other violent acts. They contended that they have clean antecedents and that the FIR contains inconsistencies, such as mismatched injury reports, suggesting false implication by the informant. The State opposed bail, emphasizing the specific grave allegations, particularly the axe assault causing grievous head injury, and argued that the FIR, despite any inconsistencies, establishes a prima facie case. The High Court, applying Section 438(2) of the CrPC, granted anticipatory bail to petitioners No.3, 4 and 5 subject to bail bonds and sureties, but declined to extend the same relief to petitioners No.1 and 2. The order was conditioned on compliance with the trial court’s directions and the usual bail conditions under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC in view of the allegations under the IPC.
- Whether inconsistencies between the FIR and injury report affect the merit of the bail application.
- Whether the seriousness of the alleged offences justifies denial of anticipatory bail for any of the petitioners.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- Section 438 CrPC
- Indian Penal Code
- assault
- grievous injury
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12667 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- PARANDABAR District- Nawada
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1. Upendra Prasad Son of Amrit Prasad R/o Village - Nandudih, P.S. - Parna
Dabar, Dist. - Nawada.
2. Pankaj Kumar Son of Upendra Prasad R/o Village - Nandudih, P.S. - Parna
Dabar, Dist. - Nawada.
3. Chhote Kumar Son of Upendra Yadav @ Upendra Prasad R/o Village -
Dhuwripar (Bara), P.S. - Silao, Dist. - Nalanda
4. Munki Devi Wife of Upendra Prasad R/o Village - Nandudih, P.S. - Parna
Danbar, Dist. - Nawada.
5. Babita Kumari @ Punam Devi Wife of Chhote Kumar D/o Upendra Prasad,
R/o Village - Nandudih, P.S. - Parna Danbar, Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-03-2026 1. Heard learned counsel for the petitioners and Mr.
Chandra Bhushan Prasad, learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 117(2), 74, 303(2), 352, 351(2) and 3(5) of
the BNS.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that accused persons on 16.09.2025, at 07:00 p.m., came
and Upendra assualted Soni by axe causing injury on her head
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and Pankaj assaulted the informant indiscriminately by khanti
causing fractur of his left hand thereafter Ram Bilash and Sudhir
assualted the informant and his son and even assaulted his wife
and sister-in-law while Chhote snatched the chain of his
daughter and earrings of his sister-in-law and Munki along with
Babita threw bricks causing injury to the sister-in-law of the
informant and snatched her chain.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that Pankaj is
alleged to have assaulted the informant indiscriminately by
khanti causing fractrue of his left hand but then from perusal of
the injury report, it would manifest that the informant suffered
fracture of leg which has been opined to be grievous. It is fairly
submitted that Upendra is alleged to have assaulted Soni by axe
cauisng injury on head and the injury has been opined to be
grievous but then no reason for the occurrence has been alleged.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners and submits that there is
specific allegation against Upendra of assaulting Soni by axe
causing injury on head and the same has been opined to be
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grievous in nature. It is further submitted that no doubt, Pankaj
is alleged to have assaulted indiscriminately the informant by
khanti causing fracture of his left hand but then in the injury
report it is recorded that informant suffered fracture of left leg
which has been opined to be grievous. It is next submitted that it
might be a possibility that inadvertently the said amiss took
place in the FIR.
6. After hearing the learned counsel for the parties, let
the petitioners no. 3, 4 and 5, above-named, in the event of their
arrest or surrender within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees Teb Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Trial
Court where the case is pending/Successor Court in connection
with Parna Dabar P.S. Case No. 245 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. The Court is not inclined to extend the privilege of
anticipatory bail to the petitioners no. 1 and 2, above-named, in
connection with Parna Dabar P.S. Case No. 245 of 2025 pending
in the Court of learned Judicial Magistrate, 1st Class,
Nawada/Successor Court.
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8. Hence, the prayer for anticipatory bail of the
petitioners no. 1 and 2 is rejected.
(Satyavrat Verma, J)
Kundan/-
U T
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