Patna High Court
Meghu Kumar @ Meghu PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court grants bail to the petitioner with specified conditions.
Summary
Meghu Kumar applied for bail in a case registered under IPC sections 307, 413, 414, 34 and Arms Act sections 25(1‑b)(a), 26, 35, alleging that he was falsely implicated and that his name does not appear in the FIR. The prosecution alleges that during a police vehicle check three persons fled, pointed guns at police, and that weapons were recovered from two of them. The petitioner claims innocence, says his name was only added based on a co‑accused’s confession, and that nothing was seized from him, while the State points to eight prior criminal cases. After hearing both sides, the court considered the seriousness of the offences, the petitioner’s antecedents, and his custodial status, and decided to grant bail subject to strict conditions including a Rs.10,000 bond, two sureties, regular appearance before the trial court, weekly attendance at the police station, and a close relative as bailor.
Issues considered
- Whether bail should be granted to the petitioner despite the grave nature of the offences (attempted murder, extortion, unlawful possession of arms) and his criminal antecedents.
- Whether the petitioner’s claim of being falsely implicated and lack of material seized from him warrants bail.
- Whether the conditions imposed are sufficient to ensure the petitioner’s cooperation with the trial.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 35
- Indian Penal Code — s. 307, 34, 413, 414
Subjects
- bail
- IPC
- Arms Act
- criminal antecedents
- police encounter
- surety
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22956 of 2026
Arising Out of PS. Case No.-79 Year-2023 Thana- PARWALPUR District- Nalanda
======================================================
Meghu Kumar @ Meghu Prasad S/o Umesh Prasad @ Haddi Gope R/o
Village - Jharahapar, P.S - Karai Parsurai, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Parwalpur P.S. Case No. 79 of 2023 registered for the
offence punishable under Sections 307, 413, 414, 34 of the
Indian Penal Code and Sections 25(1-b)(a), 26, 35 of the Arms
Act.
3. The case of the prosecution, in short, is that while
the police was indulged in vehicle checking, three persons from
a bolero vehicle started fleeing away. It is further alleged that
they also pointed guns on police. Two persons, namely, Bipin
Kumar and Manish Kumar, were apprehended and from their
possession, weapons were recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.22956 of 2026(2) dt.08-04-2026
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petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He submits that the name of the petitioner is not there in
the FIR. During the course of investigation, on the basis of
confessional statement of co-accused, the name of this petitioner
has surfaced. He also submits that nothing has been recovered
from the possession of the petitioner. He has been framed in this
case due to his antecedents. Moreover, the petitioner is
languishing in judicial custody since 02.01.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of eight cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall cooperate in the trial and shall
remain physically present on each and every date fixed by
the learned trial court, one of the bailor should be a
near/close relative and shall also mark his weekly
attendance at Ujiyarpur P.S. The above named petitioner is
directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rs. ten thousand only) with two sureties of the like
Patna High Court CR. MISC. No.22956 of 2026(2) dt.08-04-2026
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amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate, Hilsa, Nalanda in connection with
Parwalpur P.S. Case No. 79 of 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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