Patna High Court
Prahlad KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with conditions under Section 438(2) of the CrPC.
Summary
The petitioner, Prahlad Kumar, sought anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case (Giriak P.S. Case No. 572 of 2025) involving multiple offences including assault and robbery. The prosecution alleged that the petitioner, along with others, assaulted Kanhaiya, causing head injury, and subsequently stole a gold chain and cash. The petitioner contended that the injury was simple, the dispute stemmed from a land conflict with the informant, and a counter‑case had been filed against the informant. The State opposed the bail, emphasizing the seriousness of the assault allegation. Considering the simple nature of the injury, the existence of a counter‑case, and the petitioner’s submissions, the court granted anticipatory bail with stringent conditions, including a cash bond, sureties, regular appearances before the trial court and police, and prohibitions against tampering with witnesses or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC given the alleged offences.
- Whether the simple nature of the injury and the existence of a counter‑case justify the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- assault
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37694 of 2026
Arising Out of PS. Case No.-572 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Prahlad Kumar Son of Chandramauli Singh R/o vill.- Pokharpur, P.S.- Giriak,
Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-07-2026 Heard Mr. Amresh Kumar, Sinha, learned Counsel for
the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Giriak P.S. Case No. 572 of 2025 for the offence registered
under sections 126(2), 115(2), 109(1), 308(2), 76, 352, 351(2),
303(2), 3(5) of the BNS.
3. As per the prosecution story, the informant alleged
that she had gone to the market where the petitioner along with
Ritik Kumar and unknown persons came and after abuse,
allegation is that the petitioner hit on the head of Kanhaiya by
means of rod causing injury. When she tried to protect him, her
modesty was outraged and further allegation is of taking away
gold chain/ cash amount.
4. Learned Counsel for the petitioner submits that
Patna High Court CR. MISC. No.37694 of 2026(2) dt.01-07-2026
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both the petitioner and the informant’s husband were friends
dealing with the land and subsequently, the relationship became
sour and they are now facing cases against each other inasmuch
as the petitioner has also lodged the counter case. The further
submission is that the injury has been found to be simple in
nature.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that
allegation of assault on the head is against this petitioner.
6. Considering the submissions aforesaid as also that
the simple injury has been found, there is case and counter case
by the parties, in that background, this Court is inclined to grant
him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned C.J.M., Nalanda at
Biharsharif in connection with Giriak P.S. Case No. 572 of
2025 subject to condition as laid down under Section 438(2) of
the Cr.P.C.
(i) one of the bailor should be the family
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members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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