Created by Fuzzy Cloud

Patna High Court

Prem KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted to the petitioner subject to the stipulated bond and conditions.

Summary

The petitioner, Prem Kumar, sought bail in a case registered under multiple sections of the Indian Penal Code for alleged assault, extortion and other offences. He claimed innocence, alleging the charges were fabricated due to a land dispute and that no incriminating material was found on him. The State opposed bail, citing his criminal antecedents and a concurrent FIR. The court noted that co‑accused had been granted anticipatory bail in a similar case and that the petitioner had no likelihood of absconding or tampering with evidence. Considering these factors, the court granted bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, along with a direction to desist from similar offences.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the charges under the IPC.
  • Whether there is a risk of the petitioner absconding or tampering with evidence.
  • Whether the precedent of anticipatory bail granted to co‑accused applies to the petitioner.
  • Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are satisfied.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • Indian Penal Code
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482(2)
  • land dispute
  • criminal antecedents
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22352 of 2026
                       Arising Out of PS. Case No.-343 Year-2024 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Prem Kumar, Son of Mata Ram Mahto, Resident of Village - B.N.R. Road,
                 Ps- Alamganj, Dist- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ajit Kumar, A.P.P.
                 For the Informant        :       Mr. Pranav Bhaskar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   08-07-2026                          Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                    2. The petitioner apprehends his arrest in a case

                   registered under Sections 147, 148, 149, 323, 387, 379, 504,

                   506, 448 and 427 of the Indian Penal Code.

                                     3. As per prosecution case, it is alleged that the

                   petitioner along with other co-accused entered the house of the

                   informant and assaulted him and demanded a ransom of Rs. 10

                   lakhs by showing pistol.

                                     4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case. There is land dispute between the parties and a civil suit is

                   also going on between them. The allegation against the
Patna High Court CR. MISC. No.22352 of 2026(4) dt.08-07-2026
                                            2/3




          petitioner that he has demanded a ransom of Rs. 10 lakhs is

          super addition to make a serious case. There is allegation against

          11 accused persons including the petitioner. No incriminating

          material has been found from the conscious possession of the

          petitioner. There is case and counter case between the parties.

          Similarly situated several co-accused persons have already been

          granted anticipatory Bail by a Co-ordinate Bench of this Court

          vide order dated 28.03.2025 in Cr. Misc. No. 14024 of 2025.

          Both the parties are next door neighbours. Petitioner is having 5

          criminal antecedents, out of which, two cases have been lodged

          by the informant and other three cases have been lodged by

          neighbours and he is on bail in all the cases. There is no chance

          of absconding of the petitioner or tampering with the evidence.

          Petitioner undertakes to cooperate in the investigation and trial.

                           5. Learned counsel for the informant submits that

          petitioner is habitual offender and on the same date of

          occurrence, another FIR has been lodged against the petitioner.

                           6. Learned A.P.P. appearing on behalf of the State

          opposed the bail application.

                            7. Having considered the facts and circumstances

          of the case, submissions of learned counsel for the parties,

          nature of allegation, let the above named petitioner be released
            Patna High Court CR. MISC. No.22352 of 2026(4) dt.08-07-2026
                                                        3/3




                      on bail, in the event of arrest or surrender before the learned

                      Court below within a period of six weeks from today, on

                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                      two sureties of the like amount to the satisfaction of learned

                      concerned Court, Patna City in connection with Alamganj P.S.

                      Case No. 343 of 2024 subject to the conditions as laid down

                      under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita

                      with further conditions:

                                           (i) The petitioner shall desist himself from

                      committing any criminal offence of similar nature again, failing

                      which the State shall be at liberty to take steps for cancellation

                      of his bail bond.



                                              (Sunil Dutta Mishra, J)
Koustav/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.