Patna High Court
Upendra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 351(2), 352
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.