Patna High Court
Satyendra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the petition for anticipatory bail, directing release on bail if arrested within eight weeks, subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Satyendra Prasad, sought anticipatory bail fearing arrest in a case (PS Case No. 501 of 2025) alleging offences under Sections 115(2), 126(2), 109(1), 351(2), 352, 3(5) of the B.N.S. and Section 27 of the Arms Act, wherein he was accused of assaulting an informant and stone‑pelting the informant's house. The petitioner contended that the informant was a relative of his wife's cousin and that the allegations were false, motivated by a family dispute over his marriage. The State opposed the bail application. The Court, after considering the general and omnibus nature of the accusations and the familial relationship between the parties, granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. conditions.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences and the nature of the accusations.
- Whether the relationship between the petitioner and the informant warrants a more lenient bail approach.
- Whether Section 482(2) of the B.N.S.S. empowers the court to discharge the petitioner on bail pending investigation.
Legislation cited
Subjects
- anticipatory bail
- false case
- family dispute
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1607 of 2026
Arising Out of PS. Case No.-501 Year-2025 Thana- DHANARUA District- Patna
======================================================
Satyendra Prasad S/o Late Umesh Prasad Resident of Village - Deochand
Vigha, P.S - Dhanarua, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Upendra Kumar Singh, Advocate
For the State : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 115(2),
126(2), 109(1), 351(2), 352 and 3(5) of the B.N.S. and Section
27 of the Arms Act.
3. As per prosecution case, it is alleged that this
petitioner, along with other accused persons, abused and
assaulted informant and also pelted stones on the house of the
informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Informant is none else than cousin sister
of wife of this petitioner and since the petitioner has solemnized
Patna High Court CR. MISC. No.1607 of 2026(2) dt.28-01-2026
2/2
marriage with the cousin sister of the informant against the will
of the their family, in retaliation, one after other, false cases are
being lodged against this petitioner. No such occurrence, as
alleged in the F.I.R., ever took place.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and relationship
between the parties, the prayer for grant of anticipatory bail to
the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sub-Divisional Judicial
Magistrate, Masaurhi, Patna in connection with Dhanarua P.S.
Case No. 501 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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