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Patna High Court

Upendra PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail was allowed.

Summary

Upendra Prasad and his wife Soni Devi were arrested in connection with a murder case (Sirdala P.S. Case No. 456 of 2024) under several sections of the Bharatiya Nyaya Sanhita, 2023. They claimed they were falsely implicated, had no prior criminal record, and that another person, Chanchala Kumari, was the actual assailant. The State opposed their request for regular bail. The High Court, after hearing both sides, allowed the bail application, directing the petitioners to furnish a bail bond of Rs.10,000 each with two sureties and to appear regularly in court. The order emphasized that the observations were prima facie and should not affect the trial’s merits. The bail was granted subject to conditions, and any non‑cooperation would lead to cancellation of the bond.

Issues considered

  • Whether regular bail should be granted to the accused in a murder and assault case under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • murder
  • assault
  • Bharatiya Nyaya Sanhita
  • bail bond
  • surety
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40119 of 2026
                       Arising Out of PS. Case No.-456 Year-2024 Thana- SIRDALA District- Nawada
                 ======================================================
           1.     Upendra Prasad Son of Late Jagdish Prasad Resident of Village- Chapari,
                  PS- Sirdala, District- Nawada
           2.    Soni Devi Wife of Upendra Prasad @ Awadhesh Prasad Resident of Village-
                 Chapari, PS- Sirdala, District- Nawada

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Nayan
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-07-2026                  Heard the learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek regular bail in connection with

                   Sirdala P.S. Case No. 456 of 2024 registered for the offence

                   under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2),

                   118(1), 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. As per the prosecution case, the petitioners along

                   with others are accused of assaulting and killing the deceased.

                                4. Learned counsel for the petitioners submits that

                   the petitioners are quite innocent and have falsely been

                   implicated in this case. He further submits that the petitioners
Patna High Court CR. MISC. No.40119 of 2026(2) dt.07-07-2026
                                            2/3




          are in custody since 05.01.2026 and have no criminal

          antecedents. It is further submitted that one Chanchala Kumari

          is the assailant of the deceased. There is no specific allegation

          against the petitioners.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          this application for regular bail is allowed.

                       7. Let the petitioners, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Court below where the case is pending/successor

          Court in connection with Sirdala P.S. Case No. 456 of 2024

          subject to condition that:-

                                         (I). The petitioners shall appear in the
                                            trial regularly either personally or
                                            through their lawyer and shall
                                            cooperate in the trial and non-
                                            cooperation in the trial shall result
                                            in cancellation of the bail bond of
                                            the petitioners;


                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations

          shall not be construed as an expression on the merits of the case
            Patna High Court CR. MISC. No.40119 of 2026(2) dt.07-07-2026
                                                        3/3




                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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