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Patna High Court

Prem PrakashversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioners are entitled to bail and are ordered to be released upon furnishing the prescribed bail bond and sureties.

Summary

The petitioners Prem Prakash, Navrang Lal and Mahendra Kumar were arrested in connection with an alleged offence under Sections 87, 123 and 143 of the Bihar Negotiable Substances Act (B.N.S.) based on a complaint that a woman named Shila Devi had offered a drink to an informant, leading to a series of alleged events. The petitioners contended that the FIR primarily targeted Shila Devi and that the allegations against them were vague, general and unsupported, emphasizing their lack of criminal antecedent and that they had been in judicial custody since 7 February 2026. The State opposed the bail application, arguing that the investigation warranted continued detention. After hearing both sides, the Court found that the prosecution had not demonstrated a specific role for the petitioners and that the allegations were insufficient to deny bail. Consequently, the Court ordered that the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 each with two sureties of equal amount.

Issues considered

  • Whether the petitioners are entitled to bail despite the FIR alleging offences under Sections 87, 123 and 143 of the B.N.S.
  • Whether the allegations against the petitioners are specific enough to justify denial of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false implication
  • FIR
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40299 of 2026
                       Arising Out of PS. Case No.-99 Year-2026 Thana- DARIYAPUR District- Saran
                 ======================================================
           1.     Prem Prakash S/O Mohan Lal Resident of Village- Parshurampur, P.S.-
                  Navalgadh, District- Jhunjhunu, Rajasthan
           2.    Navrang Lal S/O Mohan Lal Resident of Village- Parshurampur, P.S.-
                 Navalgadh, District- Jhunjhunu, Rajasthan
           3.    Mahendra Kumar S/O Rameshwar Lal Resident of Village- Parshurampur,
                 P.S.- Navalgadh, District- Jhunjhunu, Rajasthan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Chetna, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-06-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for bail in a case

                   registered for the offence punishable under Sections 87, 123

                   and 143 of B.N.S.

                                3. The case of the prosecution, in short, is that one

                   Shila Devi has offered a drink to the informant. After

                   consuming the drink, she got subconscious and in her

                   subconsciousness, she was married to a person. After that, she

                   was being taken towards Maker. It is further alleged that the

                   petitioners along with others were also there. It is also alleged
Patna High Court CR. MISC. No.40299 of 2026(2) dt.24-06-2026
                                            2/3




          that the informant came to know that she has been sold to

          someone by Shila Devi.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have been falsely implicated in

          this case. Learned counsel for the petitioners has submitted

          that from perusal of the F.I.R., it is clear that main thrust of

          allegation is against Shila Devi. The allegation against the

          petitioners is general and omnibus. It has further been

          submitted that during course of investigation, the victim has

          given her statement under section 183 of the B.N.S.S. wherein

          she has levelled all the allegations against one lady i.e. Shila

          Devi. The role of these petitioners is not specific. They are

          having no criminal antecedent and they are languishing in

          judicial custody since 07.02.2026.

                       5. Learned APP for the State has vehemently

          opposed the prayer for bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court

          is inclined to enlarge the petitioners on bail. The above named

          petitioners are directed to be enlarged on bail on furnishing

          bail bond of Rs. 10,000/- (Rs. ten thousand only) each with
             Patna High Court CR. MISC. No.40299 of 2026(2) dt.24-06-2026
                                                         3/3




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

                       learned Court of District and Additional Sessions Judge-11,

                       Saran, Chapra in connection with Dariyapur P.S. Case No. 99

                       of 2026.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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