Patna High Court
SOHAN PRASAD @ SOHAN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting bail to the petitioners under Section 482(2).
Summary
The petitioners, Sohan Prasad and Putul, applied for anticipatory bail after being named in an FIR for offences under Sections 115(2), 126(2), 109(1), 352 and 3(5) of the Bihar Negotiable Sale Act, 2023, stemming from an alleged assault on an informant on 4 March 2026. They argued that they have clean antecedents and that the informant, who is the brother and neighbour of the alleged victim Mohan, has falsely implicated them, describing the assault allegation as vague and omnibus. The State opposed the bail but could not refute the claim that the allegations were general and that the petitioners were not habitual offenders. The court examined the nature of the allegations, the petitioners' clean record, and the purpose of Section 482(2) to prevent abuse of the criminal process. Finding no substantive reason to deny bail, the court ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the trial court’s conditions. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bihar Negotiable Sale Act, 2023 in view of the allegations.
- Whether the allegations in the FIR are specific enough to justify denial of bail.
- Whether the petitioners are falsely implicated and have a clean antecedent warranting bail.
Legislation cited
- Bihar Negotiable Sale Act, 2023 — s. 109(1), 115(2), 126(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bihar Negotiable Sale Act
- false implication
- clean antecedent
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41529 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- DUMRAO District- Buxar
======================================================
1. SOHAN PRASAD @ SOHAN KUMAR S/O LATE BACHUN PRASAD
R/O VILLAGE- RAJI MOHALLA (RAJAI MISHRA KI GALI), P.S.-
DUMRAON, DISTRICT- BUXAR
2. PUTUL @ SUNIL YADAV S/O LATE BHAGWAN YADAV R/O WARD
NO. 24, DUMRAON, P.S.-DUMRAON, DISTRICT- BUXAR
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Pathak, Adv.
For the Opposite Party/s : Mr. Narsingh Tanti, APP
For the Informant : Ms. Dimpal Kumari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 1. Heard learned counsel for the petitioners, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 115(2),
126(2), 109(1), 352 and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 04.03.2026 at 3:00 PM, he came out of his house
when Mohan started abusing him, accordingly he came back
home and disclosed about the occurrence to his family
members, thereafter his sister called Sub-inspector, Gautam and
Patna High Court CR. MISC. No.41529 of 2026(2) dt.08-07-2026
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informed about the occurrence, but the SI said that he will come
later as he was on some other duty, it is next alleged that on the
same day at 8:30 PM, while the informant was coming back
home after playing Holi, when five named accused persons
including the petitioners along with 8-10 unknown accused
assaulted him by lathi and fist and Mohan said to compromise
the Case no. 1326 dated 19.01.2026.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant being brother and neighbour of Mohan. It is
further submitted that from perusal of the allegations as alleged
in the FIR, it would manifest that thrust of allegation is against
Mohan and as far as allegation of assault is alleged, the same is
general and omnibus in nature, though injury no. 1 of the
informant has been opined to be grievous in nature. It is
reiterated and submitted that petitioners are persons with clean
antecedent and are not criminal.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of informant opposes the anticipatory bail
application of the petitioners but then are not in a position to
rebut the submission of the learned counsel appearing on behalf
of the petitioners that allegation of assault is general and
Patna High Court CR. MISC. No.41529 of 2026(2) dt.08-07-2026
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omnibus in nature and the petitioners are not criminals.
6. 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 Dumraon P.S. Case No. 59 of 2026 subject to
the conditions as laid down under Section 482 (2) of the BNSS.
7. The application stands allowed.
(Satyavrat Verma, J)
rajesh/-
U T
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