Patna High Court

PRAKASH KUMAR @ RAJAversusThe State of Bihar

Decided: 18 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that the petitioner is entitled to anticipatory bail, subject to specified conditions, despite the seriousness of the allegations and his prior criminal record.

Summary

Petitioner Prakash Kumar Raja applied for anticipatory bail in connection with a criminal case (PS No. 182/2024) alleging offences under several IPC sections including kidnapping and extortion. The prosecution alleged that the petitioner, along with others, abducted the brother of an informant and demanded a Rs.5 lakh ransom. The petitioner contended he was not named in the victim’s statement under Section 164 CrPC and asserted his innocence, while the State highlighted two prior criminal antecedents. After hearing both sides, the High Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. The order reflects the court’s view that the allegations, though serious, do not preclude bail pending further investigation.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the serious nature of the alleged offences.
Whether the presence of prior criminal antecedents bars the grant of anticipatory bail.
Whether the allegations constitute a non-bailable offence that warrants denial of bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 164, 482(2)
Indian Penal Code — s. 120B, 147, 148, 149, 307, 323, 341, 364, 387

Subjects

anticipatory bail
Indian Penal Code
Criminal Procedure Code
kidnapping
extortion
prior criminal antecedents
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13307 of 2026
                        Arising Out of PS. Case No.-182 Year-2024 Thana- SAHPUR District- Patna
                 ======================================================
                 Prakash Kumar @ Raja S/O Suresh Yadav R/O Vill - Bhagwatipur, P.S.-
                 Shahpur, Distt.- Patna
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurav Kumar Suman, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   18-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending his arrest in

                   connection with Shahpur P.S. Case No. 182 of 2024 instituted

                   for the offence under Sections 147, 148, 149, 341, 323, 307,

                   364, 387 and 120B of the Indian Penal Code.

                                3. The case of the prosecution is that the petitioner

                   along with other nine persons has boarded the brother of the

                   informant, namely, Suraj Kumar in a scorpio and took him

                   away. It is alleged that the petitioner and others are the persons

                   of criminal nature. They have also demanded Rs. 5 lacs as

                   rangdari.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
            Patna High Court CR. MISC. No.13307 of 2026(2) dt.18-03-2026
                                                        2/2




                      committed no offence. He has falsely been implicated in this

                      case. During course of investigation, the victim has given his

                      statement under Section 164 of the CrPC wherein he has not

                      named this petitioner. Learned counsel has submitted that the

                      nature of allegation is general and omnibus.

                                   5. In contra, learned APP appearing for the State has

                      opposed the prayer of bail of the petitioner and has submitted

                      that petitioner is having two criminal antecedents.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this

                      Court is inclined to enlarge the petitioner on bail. The petitioner

                      is directed to surrender in the Court below within a period of

                      four weeks from today and in the event of his arrest or surrender

                      in connection with Shahpur P.S. Case No. 182 of 2024, he will

                      be enlarged on bail on furnishing bail bond of Rs. 10,000/-

                      (Rupees ten thousand) with two sureties of the like amount each

                      to the satisfaction of learned Court of Judicial Magistrate, 2 nd

                      Class, Danapur subject to the conditions as laid down under

                      section 482(2) of B.N.S.S.



                                            (Ashok Kumar Pandey, J)
shubham/-
U      T

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