Patna High Court
Anil Kumar Prasad @ Anil PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Anil Kumar Prasad, feared arrest in a case registered under Sections 317(2), 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita concerning illegal trade of animal bones. The FIR listed seven accused who were seized with animal bones, but none named the petitioner, who has a prior criminal case. He applied for anticipatory bail, arguing that he would cooperate with the investigation and would not abscond. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds of Rs. 25,000 with two sureties, and that one bailor be his nephew, Manulal Patel, subject to Section 482(2) of the BNSS and possible cancellation if he fails to cooperate.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Bharatiya Nyaya Sanhita when he is not named in the FIR but has a prior case.
- Whether the conditions imposed under Section 482(2) are sufficient to justify granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 317(2), 317(4), 317(5), 3(5), 482(2)
Subjects
- anticipatory bail
- criminal procedure
- illegal trade of animal bones
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3589 of 2026
Arising Out of PS. Case No.-25 Year-2025 Thana- Bhelahi District- East Champaran
======================================================
Anil Kumar Prasad @ Anil Patel Son of Late Suresh Prasad @ Suresh Patel
Resident of village- Musaharwa (Musharwa) P.S-Bhelahi, District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Ms.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 317(2),
317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that an information was received that unknown accused are
indulging in trade of bones, accordingly the informant along
with the force reached the place of occurrence and apprehended
7 accused persons along with 150 sacks filled with animal bones
loaded on a tractor, thus, alleges that apprehended accused were
involved in illegal trade of animal bones.
Patna High Court CR. MISC. No.3589 of 2026(2) dt.28-04-2026
2/3
4. Learned counsel for the petitioner submits that
from perusal of the allegations as alleged in the FIR, it would
manifest that 7 accused persons were arrested who disclosed
their names as recorded in the FIR and confessed that apart from
them, 8-10 unknown accused were also involved in the illegal
trade of animal bones, but then the name of the petitioner was
not disclosed by any of the apprehended accused, as such,
petitioner is not named as an accused in the FIR. It is next
submitted that when the apprehended accused did not disclose
the name of the petitioner, as such, it appears that subsequently
during the course of investigation, the petitioner came to be
implicated, since he has antecedent of one case. It is next
submitted that had the petitioner been involved in the
occurrence, in that event the apprehended accused would have
named him. It is also submitted that if the privilege of
anticipatory bail is granted to the petitioner, petitioner will not
abscond rather will cooperate in the investigation to prove his
innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.3589 of 2026(2) dt.28-04-2026
3/3
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Bhelahi P.S. Case No. 25 of 2025 subject to the
conditions as laid down under Section 482 (2) of BNSS.
7. One of the bailors of the petitioner shall be his
nephew namely Manulal Patel.
8. 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 petitioner despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
Sumit/-
U T
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