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Patna High Court

Prem Chandra PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.27831 of 2026(2) dt.29-04-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.27831 of 2026(2) dt.29-04-2026
                                                        3/3




                      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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