Patna High Court
Durga PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
In view of the petitioners’ clean antecedent, the absence of specific allegations against them, and the grant of anticipatory bail to a similarly situated co‑accused, the court held that they are entitled to bail under Section 438 CrPC subject to prescribed conditions.
Summary
The petitioners sought anticipatory bail fearing arrest in Beur P.S. Case No. 749 of 2024, where they were alleged to have participated in assault and firing under Sections 115(2), 352, 351(2), 351(3), 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution argued that the accused had threatened and fired at an informant, while the petitioners contended they were not named in the FIR, had clean antecedents, and were falsely implicated. The court noted that the FIR contained only a generic allegation against all accused and that a co‑accused, Shishupal Kumar, had already been granted anticipatory bail. Considering the lack of specific charges against the petitioners, their clean record, and the precedent of bail to a similarly situated accused, the court granted bail subject to conditions under Section 438(2) of the CrPC. The bail order required a Rs 10,000 bond, two sureties, cooperation with the trial, and provisions for cancellation if conditions were breached.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC despite the FIR’s generic allegations.
- Whether the petitioners’ clean antecedent and the grant of bail to a similarly situated co‑accused justify bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 3(5), 351(2), 351(3), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- clean antecedent
- Bihar Narcotic Substances Act
- Arms Act
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36147 of 2026
Arising Out of PS. Case No.-749 Year-2024 Thana- BEUR District- Patna
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1. Durga Prasad S/o Brahmdeo Yadav R/o Mohalla - Purnendu Nagar, Near -
Shiv Mandir, P.S- Phulwari Sharif, District- Patna.
2. Rohit Kumar Son of Ranjeet Ravidas Resident of - Mahavir Cancer
Sansthan Kanhaiya Nagar, P.S - Phulwari Sharif District- Patna.
3. Aakash Kumar Son of Dinesh Paswan Resident of - Ward No-2, Daura
Islampur, P.S- Islampur, District- Nalanda At present Kanhaiya Nagar, P.S-
Phulwari Sharif, District- Patna.
4. Ashutosh Kumar Son of Satyendra Singh Resident of - Kuwahi Koiri Gaon,
P.S- Barahiya, District - Siwan At present resident of Mohalla- Shakti Nagar,
Near Shiv Mandir Koja Imali, P.S- Phulwari Sharif, District - Patna.
5. Rohit Kumar Son of Shyam Bihari Paswan Resident of Mohalla - Kanhaiya
Nagar, P.S - Phulwari Sharif, District- Patna. Petitioners.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Usha Kumari Singh, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 02-07-2026 Heard Ms. Usha Kumari Singh, learned counsel for
the petitioners and Mr. Surendra Prasad Singh, learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Beur P.S. Case No. 749 of 2024, F.I.R. dated
15.12.2024 for the offences punishable under Sections 115(2),
352, 351(2), 351(3) and 3(5) of the BNS, 2023 Section 27 of the
Arms Act.
3. According to prosecution case, all the accused
Patna High Court CR. MISC. No.36147 of 2026(2) dt.02-07-2026
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persons including these petitioners have abused and threatened
the informant and also fired upon him and fled away.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. She further submits that
petitioners were not named in the FIR and their name have been
transpired during investigation. It appears from the FIR that
there is no specific allegation of assault or overt act attributed
against the petitioners rather there is general and omnibus
allegation against all the accused persons including these
petitioners. She further submits that the co-accused, namely,
Shishupal Kumar @ Shishupal Yadav who is named in the FIR
has been granted anticipatory bail by this Court vide order dated
15.05.2025 passed in Cr. Misc. No. 15254 of 2025. She further
submits that the case of the petitioners are on better footing and
witnesses have not disclosed the names of the petitioners.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, there is no specific
allegation against these petitioners and similarly situated co-
accused has been granted anticipatory bail, let the petitioners,
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above named, in the event of their arrest or surrender before the
court below within a period of thirty days from the date of
receipt of the order, be released on bail on furnishing bail bond
of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned A.C.J.M.-I, Patna
in connection with Beur P.S. Case No. 749 of 2024, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
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