Patna High Court
Mahendra PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted given the serious nature of the allegations and the necessity of custodial interrogation.
Summary
Mahendra Prasad, a Daftari in the Sub‑Registrar's office, was implicated in a case (PS Case No. 616 of 2024) for alleged manipulation of government records under several sections of the Bihar Negotiable Instruments Act. He applied for anticipatory bail, claiming innocence and false implication. The State opposed, arguing that custodial interrogation was necessary to ascertain his role. The High Court, considering the seriousness of the allegations, declined to grant anticipatory bail. The petition was dismissed, and the petitioner was ordered to surrender within four weeks and seek regular bail, failing which the police were directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the nature of the allegations and the need for custodial interrogation.
Legislation cited
- Bihar Negotiable Instruments Act — s. 318(4), 324(5), 336(3), 338, 340(2), 3(5)
Subjects
- anticipatory bail
- regular bail
- custodial interrogation
- manipulation of government records
- criminal procedure
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42894 of 2025
Arising Out of PS. Case No.-616 Year-2024 Thana- GANDHIMAIDAN District- Patna
======================================================
Mahendra Prasad S/O Late Dukhan Mahto Resident of Village- Chandi, P.S-
Chandi, Distt.- Nalanda (Bihar).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Mishra
Ms. Shivani Mishra
Mrs. Pragati Singh
Mr. Shashank Shekhar
Ms. Vidhi Shree
For the Opposite Party/s : Mr. Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Gandhi Maidan P.S. Case No. 616 of 2024 registered for
the offence under Sections 318(4), 338, 336(3), 340(2), 324(5),
3(5) of the BNS.
3. As per the prosecution case, the petitioner is
working as a Daftari in which office of the Sub-Registrar and he
is suspected to be involved in manipulating of government
records.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and he has falsely been implicated
in this case.
5. Learned APP for the State has opposed the
application of the petitioner and has submitted that custodial
Patna High Court CR. MISC. No.42894 of 2025(6) dt.21-01-2026
2/2
interrogation of the petitioner is required in this case to find out
the role of the petitioner.
6. Considering the nature of allegation, this Court
is not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this application for anticipatory
bail is dismissed.
8. The petitioner is directed to surrender in the
Court below within four weeks from today and pray for regular
bail failing which the Senior Superintendent of Police, Patna
will take all steps for arrest of the the petitioner.
9. In case, the petitioner surrenders within four
weeks and prays for regular bail then the regular bail application
of the petitioner shall be considered by the concerned Court
below on its own merits.
10. Let a copy of this order this order be
communicated to the Senior Superintendent of Police, Patna
through FAX for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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