Created by Fuzzy Cloud

Patna High Court

Uday Prasad @ Uday KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Uday Prasad, feared arrest in a case registered under Sections 85, 80, 238 and 3(5) of the Bharatiya Nyaya Sanhita, where the FIR alleged that a dowry dispute led to the murder of the informant's sister. He contended that he was merely a neighbour of the deceased, had no involvement in the matrimonial matters, and that the FIR was lodged two days after the incident without justification. The petitioner highlighted that the husband of the deceased was already in judicial custody and that a similarly situated co‑accused had been granted anticipatory bail by the same court. The State opposed the bail, but the court noted the petitioner’s clean antecedent, his willingness to cooperate, and the precedent of bail to the co‑accused. Consequently, the court ordered anticipatory bail for the petitioner, subject to a bond of Rs.10,000 and two sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita provisions.
  • Whether the allegations and the delay in filing the FIR constitute sufficient ground to deny bail.
  • Whether the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • dowry death
  • murder
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 85
  • Section 80
  • Section 238
  • Section 3(5)
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4192 of 2026
                      Arising Out of PS. Case No.-707 Year-2024 Thana- DHANARUA District- Patna
                 ======================================================
                 Uday Prasad @ Uday Kumar Son of Late Ramprit Yadav @ Late Ramprati
                 Yadav R/o Maner, Sonmai, P.S. - Dhanarua, Dist. - Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Lallu Prasad, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   01-04-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 85, 80, 238 and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                   3. As per the F.I.R., it is alleged that due to non-

                   fulfillment of dowry demand, all the accused persons including

                   the petitioner killed the sister of the informant.

                                   4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case only on the basis of

                   suspicion. Further submission is that petitioner is the neighbour
Patna High Court CR. MISC. No.4192 of 2026(3) dt.01-04-2026
                                            2/3




          of deceased and he has no concern with the matrimonial affairs

          of the deceased and her husband. The F.I.R. has been lodged

          after a delay of two days without any plausible explanation. The

          husband of the deceased is already under judicial custody.

          Similarly situated co-accused person, namely, Anil Kumar @

          Anil Prasad has already been granted anticipatory bail by a Co-

          ordinate Bench of this Court vide order dated 28.01.2026 passed

          in Cr. Misc. No. 1547 of 2026. Petitioner has got no criminal

          antecedent and he undertakes to cooperate in the investigation

          and trial.

                        5. Learned A.P.P. for the State opposed the prayer for

          bail.

                         6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties, nature

          of allegation against the petitioner, similarly situated co-accused

          persons has been granted anticipatory bail and clean antecedent

          of the petitioner, let the above named petitioner be released on

          bail, in the event of arrest or surrender before the learned court

          below within a period of six weeks from today, on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Sub-Divisional        Judicial     Magistrate,      Masaurhi,   Patna   in
            Patna High Court CR. MISC. No.4192 of 2026(3) dt.01-04-2026
                                                        3/3




                      connection with Dhanarua P.S. Case No. 707 of 2024, subject to

                      the conditions as laid down under Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.