Patna High Court

Shailesh PrasadversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted regular bail to the petitioner.

Summary

Shailesh Prasad was arrested in connection with a case registered under several serious offences of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that he fled police, that mobile phones recovered from him contained WhatsApp chats showing financial transactions of strangers, but no incriminating article was found on his person. The petitioner claimed false implication, highlighted that he had been in custody since 25‑11‑2025, that the chargesheet had already been filed and that he had no prior criminal record. The court considered the nature of the allegations, the length of pre‑trial detention, the absence of material evidence against him and his clean antecedent. Accordingly, the court ordered his release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

Whether regular bail should be granted to the accused despite the seriousness of the offences under the Bhartiya Nyaya Sanhita, 2023
Whether the length of pre‑trial custody and lack of incriminating material justify bail

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 111, 303(2), 318(2), 318(4), 336(2), 336(3), 338, 340(2)

Subjects

regular bail
pre‑trial detention
no criminal antecedent
Bhartiya Nyaya Sanhita
sections 303, 318, 336, 338, 340, 111
chargesheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13334 of 2026
                 Arising Out of PS. Case No.-478 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Shailesh Prasad Son of Bisundeo Prasad @ Vishundev Prasad Resident of
                 Village - Gurmha, P.S.- Muffasil, District- Nawada.


                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pushp Raj Singh, Advocate
                                                 Mr.Vikram Kumar, Advocate
                 For the Opposite Party/s :      Mr.Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   12-03-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Muffasil P.S. Case no.

                   478 of 2025 registered under sections 303(2) 318(2), 318(4),

                   336(2), 336(3), 338, 340(2) and 111 of the Bhartiya Nyaya

                   Sanhita, 2023.

                                 3. As per the prosecution case, the informant states

                   that seeing the police personnel, the accused persons started to

                   run away. In the first raid conducted, one person namely Vallabh

                   Raj was arrested from whose possession certain articles were

                   recovered. In the second raid conducted in the village Garmha

                   Badhar, two other persons including the petitioner herein were
Patna High Court CR. MISC. No.13334 of 2026(2) dt.12-03-2026
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          arrested. It is further stated that on search some mobile phones

          were recovered from the possession of the petitioner. Further on

          seeing the WhatsApp chat in the mobile phone recovered from

          the possession of the petitioner, certain screenshots of the

          financial transactions of strangers were present.

                       4. Learned counsel for the petitioner submits that the

          petitioner has been falsely implicated in the case. No

          incriminating article has been recovered from the petitioner’s

          possession. He is in custody since 25.11.2025 and chargesheet

          has been submitted in the case. The petitioner has no criminal

          antecedent.

                       5. The application for bail is opposed by learned A.P.P

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the list of

          articles said to have been recovered from the possession of the

          petitioner, his being in custody for more than 3 months since

          25.11.2025, not having any criminal antecedent and chargesheet

          having been submitted in the case, the petitioner is directed to

          be enlarged on bail in connection with Muffasil P.S. Case no.

          478 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the
             Patna High Court CR. MISC. No.13334 of 2026(2) dt.12-03-2026
                                                         3/3




                       satisfaction of the learned Additional Chief Judicial Magistrate-

                       I, Nawada.



                                                   (Partha Sarthy, J)
Shiv/-

U        T

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