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Patna High Court

Satyendra PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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