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Patna High Court

Hemant Kumar PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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