Patna High Court
Aadarsh Pratap @ Adarsh PratapversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the lack of substantive evidence and the potential for harassment, anticipatory bail should be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Aadarsh Pratap, faced arrest in a case registered under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita alleging involvement in the death of the informant's son. The prosecution alleged that the petitioner had an illicit relationship with the deceased's wife, leading to a scuffle and the son’s death, which the informant claimed was due to the petitioner’s actions. The petitioner contended that the deceased died of a heart attack and that the case was fabricated to extort money, asserting his clean antecedents and ownership of the house where the wife was residing as a tenant. The State opposed the bail application, arguing the seriousness of the accusations. The court, after considering the background and nature of the allegations, granted anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order emphasized that the bail was granted to prevent undue harassment pending a full trial.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the allegations under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita
- Whether the allegations constitute a cognizable offence warranting denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 108, 3(5)
Subjects
- anticipatory bail
- Section 108
- Section 3(5)
- Section 482(2)
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- false allegations
- extortion
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27281 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- SHAMBHUGANJ District- Banka
======================================================
Aadarsh Pratap @ Adarsh Pratap S/O Kailash Prasad Sah @ Kailash Sah @
Kailash Prasad Village- Karsop, Police Station- Shambhuganj, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 108, 3(5) of the
Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that marriage of the
son of informant was solemnized with co-accused Neha
Panjikar in the year 2013. Son of the informant used to work in
Gujarat meanwhile, her daughter-in-law fell in love with this
petitioner and thereafter started living with him along with her
children. When son of the informant came to know about the
same, scuffle took place between them and accused persons
threatened him of dire consequences. Informant alleges that her
son could not bear the tension and ultimately, died on
25.12.2025.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. From bare
Patna High Court CR. MISC. No.27281 of 2026(2) dt.29-04-2026
2/2
perusal of the F.I.R. it is apparent that the deceased died of heart
attack and this false and concocted case has been lodged against
petitioner only with a view to extort money on the ground that
this petitioner had illicit relation with the wife of deceased.
Petitioner is owner of the house where wife of the deceased was
living as tenant, after being ousted from her matrimonial house.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case and nature of
accusation, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Banka in connection with Shambhuganj P. S. Case
No. 334 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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