Patna High Court
Prem PrakashversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Substances Act — s. 123, 143, 183, 87
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.