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Patna High Court

Shankar Prajapati @ Shiv Shankar PrajapativersusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that, on the facts, the petitioners are entitled to anticipatory bail under Section 482(2) of the BNSS, 2023.

Summary

The petitioners, members of the Prajapati family, applied for anticipatory bail under Section 482 of the Bihar Narcotic Substances (BNSS) Act, 2023 after a lower court rejected their earlier bail plea. The prosecution alleged that on 17 September 2025 the petitioners assaulted the informant’s wife, causing a fractured head, and that they were involved in a violent clash between two families, with FIRs filed by both sides. The petitioners contended they were falsely implicated and that the injuries on both sides were simple. The court observed that the incident amounted to a ‘free fighting’ dispute with no material suggesting a danger to justice or a risk of the petitioners fleeing. Relying on the guidelines in Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1, the court found a prima facie case for anticipatory bail and ordered its grant subject to bond and surety conditions. The order also reserved the right to cancel bail if the petitioners concealed any criminal antecedents.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 482 of the BNSS, 2023 given the nature of the alleged offences.
  • Whether there is any material to presume that granting bail would thwart the course of justice or enable the petitioners to flee.
  • Whether the fact that the case involves a ‘free fighting’ between parties with simple injuries affects the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Section 482
  • Bihar Narcotic Substances Act
  • false implication
  • free fighting
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2014 of 2026
                   Arising Out of PS. Case No.-287 Year-2025 Thana- NAVINAGAR District- Aurangabad
                 ======================================================
           1.     Shankar Prajapati @ Shiv Shankar Prajapati S/O Chandrika Prajapati
                  Resident of Village- Hazari Babhan sota, P.S.- Nabinagar, District-
                  Aurangabad
           2.    Laxman Prajapati S/O Chandrika Prajapati Resident of Village- Hazari
                 Babhan sota, P.S.- Nabinagar, District- Aurangabad
           3.    Dhananjay Prajapati S/O Laxman Prajapati Resident of Village- Hazari
                 Babhan sota, P.S.- Nabinagar, District- Aurangabad
           4.     Shravan Prajapati S/O Shankar Prajapati @ Shiv Shankar Prajapati Resident
                  of Village- Hazari Babhan sota, P.S.- Nabinagar, District- Aurangabad
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Binod Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Anant Kumar 1, APP
                 For the Informant        :      Ms. Leelawati Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                                       ORAL ORDER

2   28-01-2026             1.Heard learned counsel for the petitioners, learned

                   Additional Public Prosecutor representing the State and learned

                   counsel appearing on behalf of the informant.

                            2.This anticipatory bail application under Section 482 of

                   BNSS, 2023 has been preferred by the petitioners after rejection

                   of their anticipatory bail application by order dated 16.12.2025

                   passed by learned District and Additional Sessions Judge, First-

                   cum- Special Judge (SC/ST, children, Sleeping Drugs and

                   Psychotropic Substances Act), Aurangabad seeking Anticipatory

                   Bail in connection with Nabinagar P.S. case no 287 of 2025
Patna High Court CR. MISC. No.2014 of 2026(2) dt.28-01-2026
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          registered under Section 115(2), 329(4), 126(2), 109(1), 352 and

          3(5) of B.N.S., District Aurangabad.

                  3.In brief, the prosecution case is that on 17.09.2025 at

          4:30 pm, the wife of informant Ashwani Prajapati was on her

          terrace. At that time, the above-mentioned accused started

          misbehaving with her. Then, other accused of this case,

          Dhananjay Prajapati, Laxman Prajapati and Shankar Prajapati

          entered into her house and started abusing and beating her.

          Meanwhile, Dhananjay Prajapati, with the intention of killing

          her, hit the informant's wife on the forehead with an iron rod,

          due to which her head got fractured. While being taken for

          treatment, Shravan Prajapati and the above-mentioned accused

          surrounded and attacked the vehicle.

                  4.It is argued by learned counsel for the petitioners that

          petitioners have been falsely implicated in this case. Learned

          counsel for the petitioners submit that with regard to the

          incident which took place on 17.09.2025, both sides lodged

          F.I.R. against each other. The informant of this case namely

          Ashwani Prajapati lodged FIR against the petitioners on

          18.09.2025, which was registered as Aurangabad P.S. Case No.

          287 of 2025 under Sections 115(2), 329(4), 126(2), 109(1), 352

          and 3(5) of B.N.S in which one person namely, Pratibha Devi
Patna High Court CR. MISC. No.2014 of 2026(2) dt.28-01-2026
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          has received injury which is alleged to have been caused by the

          petitioner no. 3. So far as counter case is concerned, from the

          side of the petitioners, FIR has been lodged by Renu Devi on

          19.09.2025 which was registered as Aurangabad P.S. Case No.

          288 of 2025 under Section 115(2), 126(2), 303(2), 351(2), 352,

          3(5) of B.N.S, in which also one person namely, Keshav

          Prajapati has received injury. It is also submitted that injury of

          both sides are simple in nature. The petitioners are made

          accused in four cases in which they are on bail. Averment in this

          regard has been mentioned in paragraph no.3 of the application.

          It is also submitted that pursuant to F.I.R. of this case, the

          petitioners have apprehension of imminent arrest. Lastly, it is

          submitted that in case the petitioners are granted anticipatory

          bail, They would not misuse the liberty and cooperate with the

          investigation/trial of this case.

                  5.Learned Additional Public Prosecutor representing the

          State opposed the prayer for granting anticipatory bail to the

          petitioners in the light of the allegations made in the F.I.R. He

          also submits that as on date there is no material on record to

          presume the false implication of the petitioners. Considering the

          prosecution case, cognizable offence is made out against the

          petitioners.
Patna High Court CR. MISC. No.2014 of 2026(2) dt.28-01-2026
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                  5.Having heard the learned counsel for the parties, I find

          that it is a case of free fighting between the parties concerned, in

          which both sides received injury, which are simple in nature. As

          on date there is no material on record to presume that there is

          danger, of course, of justice being thwarted by grant of

          anticipatory bail to the petitioners.

                     6.Looking to the overall facts and circumstances of the

          case, submissions of learned counsel for the parties as noted

          above, reasonable apprehension of arrest of the petitioners,

          taking into consideration the gravity of offence, nature of

          accusation and there being no possibility of his fleeing away

          from justice, this Court is of the view that in the light of

          guidelines laid down by the Hon’ble Apex Court in the case of

          Sushila Aggarwal vs State (NCT of Delhi), (2020) 5 SCC 1,

          prima facie the petitioners have made out a case for grant of

          anticipatory bail.

                  7.Accordingly, it is directed that in the event of arrest or

          surrender of the petitioners above-named within two weeks

          from today in the aforesaid case, they shall be released on

          anticipatory bail on their furnishing bail bond of Rs. 25,000/-

          (Rupees Twenty Five Thousand only) with two sureties each in

          the like amount to the satisfaction of the concerned Court below
           Patna High Court CR. MISC. No.2014 of 2026(2) dt.28-01-2026
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                     in connection with the aforesaid case, subject to conditions laid

                     down under Section 482 (2) of the BNSS, 2023.

                             8.With the aforesaid observations and directions, this

                     anticipatory bail application is allowed.

                             9.In case, at any stage it is found that the petitioners have

                     disclosed their incomplete criminal history before this Court,

                     learned Court below shall be at the liberty to cancel the bail

                     bonds of the petitioners after hearing them and getting satisfied

                     that they have concealed their criminal antecedents despite their

                     knowledge of the same.

                             10.It is clarified that anything said in this order is limited

                     to the purpose of determination of this anticipatory bail

                     application and will not effect the merits of the case.



                                            (Sanjay Kumar Singh , J)

Raj Ranjan/-
U      T


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