Patna High Court
Prem KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 147, 148, 149, 323, 379, 387, 427, 448, 504, 506
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
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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
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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/-
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