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Patna High Court

Indrajeet Prasad @ Amarjeet PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners with conditions, holding that the allegations were not sufficient to deny bail.

Summary

The petitioners, Indrajeet Prasad and Ishwar Prasad, alleged that they were falsely implicated in a dowry‑related murder case registered under Sections 80 and 3(5) of the Bihar Narcotic Substances Act, 2023. They claimed to have clean antecedents and argued that the informant was not an eyewitness, with the allegations based merely on suspicion. The petition sought anticipatory bail, asserting that they would cooperate with the investigation and would not abscond. The State opposed the bail, contending that the seriousness of the offences warranted detention. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Criminal Procedure Code, reserving the right to cancel bail if the petitioners fail to cooperate. The order emphasized that bail could be revoked upon a notice from the investigating officer.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the CrPC in a case registered under Sections 80 and 3(5) of the Bihar Narcotic Substances Act, 2023.
  • Whether the allegations against the petitioners constitute sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • dowry dispute
  • Section 80
  • Section 3(5)
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27824 of 2026
                    Arising Out of PS. Case No.-105 Year-2025 Thana- SIDHWALIYA District- Gopalganj
                 ======================================================
           1.     Indrajeet Prasad @ Amarjeet Prasad S/o Banaras Prasad R/o Village- Balra,
                  PS- Sidhwaliya, Dist- Gopalganj
           2.    Ishwar Prasad S/o Banaras Prasad R/o Village- Balra, PS- Sidhwaliya, Dist-
                 Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Madhukar
                 For the Opposite Party/s :       Mr. Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-06-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 80, 3(5) of

                   the B.N.S., 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and have been

                   falsely implicated in the instant case being brother-in-laws of

                   the deceased. It is next submitted that informant alleges that his

                   sister was married to Santosh on 26.02.2020, after marriage, the

                   husband along with accused persons including the petitioners

                   were demanding a motorcycle and on account of non-fulfillment
Patna High Court CR. MISC. No.27824 of 2026(2) dt.19-06-2026
                                            2/4




          of the demand, the victim was tortured, further on 05.06.2025,

          he came to know that the victim was killed, accordingly he

          asked his other sister to verify about the occurrence, as the

          informant was out of station in connection with earning,

          accordingly, his sister went to the place of occurrence and found

          the dead body of the victim lying.

                       4. Learned counsel for the petitioners submits that

          petitioners being brother-in-laws have been falsely implicated in

          the instant case by the informant. It is next submitted that

          informant is not an eyewitness to the occurrence and the entire

          allegation hinges around suspicion. It is also submitted that

          sister of the informant was married to Santosh in the year 2020

          and in between 2020 till filing of the instant FIR, no case ever

          came to be instituted alleging torture on account of non-

          fulfillment of dowry demand. It is further submitted that

          whenever any dispute arises in between the husband and the

          wife and the occurrence of the nature as alleged takes place, the

          entire family members are implicated in a mechanical manner

          with general and omnibus allegation. It is further submitted that

          even allegation of demand of dowry is general and omnibus in

          nature. It is submitted that had the petitioners been involved in

          the occurrence, in that event, efforts would have been made to
Patna High Court CR. MISC. No.27824 of 2026(2) dt.19-06-2026
                                            3/4




          dispose of the dead body with a view to conceal the evidence

          but then the dead body was found lying in the house and the

          same was sent for postmortem for ascertaining the cause of

          death and the doctor opined that the cause of death as asphyxia

          due to hanging. It is also submitted that if privilege of

          anticipatory bail is granted, the petitioners will not not abscond

          rather will cooperate in the investigation to prove their

          innocence. It is also submitted that father-in-law of the

          deceased, namely, Banaras Prasad had approached this court

          seeking anticipatory bail by filing Cr. Misc. No.20617 of 2026

          and the same came to be allowed by an order dated 19.06.2026.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand) each with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with

          Sidhwaliya P.S. Case No.105/2025, subject to the conditions as
             Patna High Court CR. MISC. No.27824 of 2026(2) dt.19-06-2026
                                                         4/4




                       laid down under Section 482(2) B.N.S.S.

                                    7. However, it is made clear that in the event if the

                       Investigating Officer of the case files an application before the

                       learned trial court bringing to its notice that the petitioners

                       despite giving assurance to this court are not co-operating in the

                       investigation in that event the learned trial court shall be at

                       liberty to cancel the bail bonds of the petitioners.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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