Patna High Court
Prabhu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to bond and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, Prabhu Ram and his sons Tinku Kumar and Sintu Kumar, were implicated in a land‑dispute‑related assault case (PS‑Bihta Case No. 788 of 2025) and faced charges under Sections 126(2), 115(2), 109, 303(2), 352 and 34 of the Bhartiya Nyaya Sanhita. They alleged that the allegations were false, the injuries were minor, and they had a clean antecedent. The State opposed their anticipatory bail application. The Court examined the nature of the accusations, the seriousness of the offences and the petitioners’ claim of innocence. Considering the facts and the principle of liberty, the Court granted anticipatory bail, subject to a bond of Rs 10,000 with two sureties and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The petitioners were directed to surrender within eight weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the Bhartiya Nyaya Sanhita.
- Whether the allegations of assault arising from a land dispute warrant denial of bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 34, 352
Subjects
- anticipatory bail
- land dispute
- assault
- Bhartiya Nyaya Sanhita
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1906 of 2026
Arising Out of PS. Case No.-788 Year-2025 Thana- BIHTA District- Patna
======================================================
1. Prabhu Ram Son of Biju Ram R/O Village -Visnupura PS -Bihta District
-Patna
2. Tinku Kumar @ Tinku Ram son of Prabhu Ram R/O Village -Visnupura PS
-Bihta District -Patna
3. Sintu Kumar @ Sintu Ram son of Prabhu Ram R/O Village -Visnupura PS
-Bihta District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate
For the Informant : Mr. Ashutosh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 115(2), 109,
303(2), 352, 34 of the Bhartiya Nyaya Sanhita.
3. As per prosecution case, due to land dispute,
petitioners assaulted the informant and her family members
causing injury on the head of the informant and her son.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in
this due to land dispute. There is general and omnibus
allegation against all the petitioners. The allegation of
snatching chain from the neck of the informant’s son is
ornamental in nature. The injuries sustained by the injured is
simple in nature. Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.1906 of 2026(2) dt.29-01-2026
2/2
5. Learned A.P.P. for the State and learned counsel
for the informant opposed the bail petition.
6. Considering the facts and circumstance of the case
and the nature of accusation, the prayer for anticipatory bail of
petitioners is allowed. Let the above named petitioners, in the
event of their arrest/surrender within a period of eight weeks
from today, be enlarged on bail on furnishing bail-bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.-II, Danapur,
Patna, in connection with Bihta P.S. Case No. 788 of 2025,
subject to condition as laid down under Section 482 of the
Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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