Patna High Court
Indrajeet Prasad @ Amarjeet PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 3(5), 80
- Criminal Procedure Code — s. 482(2)
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
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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
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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
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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
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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/-
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