Patna High Court
Hemant Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Hemant Kumar Prasad, a government servant, was arrested in connection with a case alleging that he demanded money to allow a vehicle to pass and seized documents. The prosecution alleged that the petitioner, identified as an RTO, demanded Rs.500 from a truck driver, with part of the amount allegedly taken by an accomplice in a blue shirt. The petitioner’s counsel argued that the FIR does not link the blue‑shirt individual to the petitioner, that no cash was recovered, and that the petitioner has no prior criminal record. The State opposed bail, citing the seriousness of the offences under the Bihar Police Act and the Prevention of Corruption Act. After hearing both sides, the court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 308(5), 61(2)(b), 352 of the Bihar Police Act and Sections 7, 8, 12, 13 of the Prevention of Corruption Act.
- Whether the allegations against the petitioner are sufficiently substantiated to deny bail.
Legislation cited
- Bihar Police Act (BNS) — s. 308(5), 352, 61(2)(b)
- Prevention of Corruption Act — s. 12, 13, 7, 8
Subjects
- bail
- prevention of corruption
- extortion
- government servant
- criminal procedure
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31146 of 2026
Arising Out of PS. Case No.-159 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Hemant Kumar Prasad Son of Narsingh Prasad Resident of Village - Bijaypur,
P.S.- Gaunaha, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Manaur Alam, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kuchaikote P.S. Case No.159 of 2026 registered for the
offence punishable under Sections 308(5), 61(2)(b) & 352 of the
BNS and under Sections 7, 8, 13 & 12 of Prevention of
Corruption Act.
3. The case of the prosecution, in short, is that the
informant is a driver of truck. It is alleged that the petitioner has
demanded Rupees Five Hundred for passing his vehicle and his
documents were also taken away. It is further alleged that one
man who was in blue shirt has taken Rupees Four Hundred from
the informant.
Patna High Court CR. MISC. No.31146 of 2026(2) dt.11-05-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that the allegation of taking Rs.500 is
on a person who was in blue colour shirt. It is not clear from the
FIR as to how the blue colour shirt man was connected with the
petitioner who is RTO. It has further been submitted that from
perusal of the seizure list it will transpire that the documents of
the vehicle which was being driven by the petitioner were seized
by police. Learned counsel for the petitioner has further
submitted that at most it is a case where one blue colour shirt
wearing persons has taken Rs.400 from the informant but no
such cash has been recovered from that blue colour shirt
wearing person. There is merely allegation that Rs.400 was
handed over to him by the informant. Learned counsel for the
petitioner has further submitted that the petitioner is having no
criminal antecedent and he is in judicial custody since
01.04.2026 and he is a government servant.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.31146 of 2026(2) dt.11-05-2026
3/3
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Special Judge (Vigilance), North Bihar, Muzaffarpur in
connection with Kuchaikote P.S. Case No.159 of 2026.
(Ashok Kumar Pandey, J)
Durgesh/-
Nitu/-
U T
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