Patna High Court
Hari Modi @ Hari Kishor PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioners subject to bond and surety conditions under Section 482(2) of the CrPC.
Summary
Petitioners Hari Modi and Shambhu Samrat feared arrest in a case registered under several IPC sections (420, 467, 471, 406, 379, 504, 506, 34). They argued that the police, after a cursory investigation, had exonerated them, but the magistrate nonetheless took cognizance of the FIR. The petitioners sought anticipatory bail, contending that it would be unjust to incarcerate them based on a magistrate's order that ignored the police's clearance. The State opposed the bail. The High Court, considering the clean antecedents of the petitioners and the police report, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC, directing compliance with the trial court.
Issues considered
- Whether anticipatory bail can be granted when the investigating police have exonerated the accused but the magistrate has taken cognizance.
- Whether Section 482(2) of the Criminal Procedure Code permits the grant of anticipatory bail in such circumstances.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 34, 379, 406, 420, 467, 471, 504, 506
Subjects
- anticipatory bail
- police exoneration
- magistrate cognizance
- IPC offences
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40518 of 2026
Arising Out of PS. Case No.-143 Year-2023 Thana- HARLAKHI District- Madhubani
======================================================
1. Hari Modi @ Hari Kishor Prasad S/o Ramnarayan Sah R/o vill - Hatbariya,
P.S.- Harlakhi, Distt.- Madhubani
2. Shambhu Samrat @ Shambhu Shamrat S/o Ramnarayan Sah R/o vill -
Hatbariya, P.S.- Harlakhi, Distt.- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Steephen Jonson S/o Late Masilamani Steephen Chetiyar R/o vill - Jaynagar,
P.S.- Jaynagar, Distt.- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 1. Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 420, 467, 471,
406, 379, 504, 506, 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and from perusal of
allegations as alleged in the FIR, it would manifest that on account of
dispute relating to school, the occurrence is alleged to have taken
place. It is submitted that police after threadbare investigation came
to a considered conclusion that petitioners are innocent, thus
submitted final form exonerating the petitioners of the allegations but
Patna High Court CR. MISC. No.40518 of 2026(2) dt.02-07-2026
2/2
then the learned Magistrate differing with the police report took
cognizance. It is next submitted that when one investigating agency
after threadbare investigation came to a considered conclusion that
petitioners are innocent whether it would be prudent for the Court to
send the petitioners to jail based on an order of cognizance which
came to be taken based on the same police report which exonerated
the petitioners of the allegations.
4. Learned A.P.P. for the State opposes the anticipatory
bail application of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the event
of their arrest or surrender within a period of six weeks from today,
be released on anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where the
case is pending/successor court in connection with Harlakhi P.S.
Case No. 143 of 2023 subject to the conditions as laid down under
Section 482 (2) of the BNSS.
6. The application stands allowed.
(Satyavrat Verma, J)
rajesh/-
U T
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