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Patna High Court

Anil Kumar Prasad @ Anil PatelversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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