Patna High Court
Prem Chandra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to stringent conditions.
Summary
Prem Chandra Prasad sought anticipatory bail after an FIR (Case No. 117 of 2024) alleged his involvement in a violent incident where he and others allegedly assaulted a person with an iron rod and outraged modesty, invoking multiple IPC sections. The petitioner argued that the incident was a minor scuffle, the injury was simple, and he had no prior criminal record. The State opposed, contending that the petitioner assaulted the informant causing injury. The Court examined the nature of the injury, the absence of antecedent criminal history, and the seriousness of the charges, and decided to grant anticipatory bail. The bail was conditioned on a bond, sureties, regular appearances before police and the trial court, non‑interference with witnesses, and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the seriousness of the offences alleged in the FIR
- Whether the nature of the injury and lack of prior criminal record justify granting bail
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 325, 34, 341, 354, 379, 506
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- outraging modesty
- simple injury
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27831 of 2026
Arising Out of PS. Case No.-117 Year-2024 Thana- RAJEPUR District- East Champaran
======================================================
Prem Chandra Prasad S/O Ramsundar Bhagat Resident of village- Bara
bishunpur, P.S.- Rajepur, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
: Mr. Abhishek Kumar, Advocate
: Mr. Hemand Ray, Advocate
For the State : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 29-04-2026 Heard Mr. Sharad Kumar Verma, learned
counsel for the petitioner and Mr. Mithlesh Kumar Khare,
learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Rajepur P.S. Case No. 117 of 2024 registered
for the offence under Sections 341, 323, 324, 325, 307, 354,
379, 504, 506 and 34 of the Indian Penal Code, lodged on
11.06.2024 by the informant, Ganesh Kumar Singh.
3. As per the prosecution story, the informant alleged
that the accused persons came to the house and after abuse, the
assault took place while Upendra Bhagat gave iron rod blow on
the head, Prem Chandra Prasad (this petitioner) also gave iron
rod blow again on the head. The further allegation of outraging
the modesty is there. This led to the F.I.R.
4. Learned counsel for the petitioner submits that
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minor scuffle has given different colour. With the help of the
injury report, it has been shown that the injured has received
simple injury, he do not have criminal antecedent.
5. Learned APP opposes the prayer submitting that he
assaulted the informant causing injury.
6. Considering the submissions put forward by the
parties as also the fact that the injury has been found to be
simple in nature and the petitioner do not have criminal
antecedent, in that background, this Court is inclined to extend
him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate, East Champaran,
Motihari, in connection with Rajepur P.S. Case No. 117 of 2024
subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
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Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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