Patna High Court
Sanjay PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to Dinesh Prasad and Shiv Sagar Prasad with conditions, and dismissed Sanjay Prasad's anticipatory bail application as withdrawn.
Summary
The petitioners, three brothers, were implicated in a dispute that led to alleged assaults and injuries, resulting in FIR No. 67 of 2026 under several sections of the Bihar Negotiable Substances Act, 2023. Sanjay Prasad withdrew his anticipatory bail application, which the court dismissed as withdrawn. The remaining petitioners, Dinesh Prasad and Shiv Sagar Prasad, argued that the injuries were simple, they had no prior criminal record, and the matter was a private dispute. The State opposed anticipatory bail, contending that the accused had committed assaults. Considering the nature of injuries, lack of antecedent criminal history, and the petitioners' submissions, the court granted anticipatory bail to Dinesh Prasad and Shiv Sagar Prasad subject to stringent conditions under Section 438(2) of the Criminal Procedure Code. The order required a bail bond of Rs.10,000 with two sureties, regular court appearances, police attendance, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to Dinesh Prasad and Shiv Sagar Prasad in the context of the alleged assaults.
- Whether the withdrawal of Sanjay Prasad's anticipatory bail application results in dismissal of his bail request.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- assault
- simple injuries
- bail conditions
- Bihar Negotiable Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43862 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- MAHARAJGANJ District- Siwan
======================================================
1. Sanjay Prasad S/o Shiv Sagar Prasad Resident of Village - Akil Tola, P.S. -
Maharajganj, District - Siwan
2. Dinesh Prasad S/o Shiv Sagar Prasad Resident of Village - Akil Tola, P.S. -
Maharajganj, District - Siwan
3. Shiv Sagar Prasad S/o Late Ramdhyan Prasad Resident of Village - Akil
Tola, P.S. - Maharajganj, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-07-2026 Learned counsel for the petitioner prays for and is
allowed to withdraw the anticipatory bail application of
petitioner no. 1, Sanjay Prasad.
2. Accordingly, the anticipatory bail application of
petitioner no. 1, Sanjay Prasad stands dismissed as withdrawn.
3. Heard learned Counsel for the petitioners and
learned APP for the State.
4. The petitioners apprehend their arrest in connection
with Maharajganj P.S. Case No. 67 of 2026 for the offence
registered under sections 126(2), 115(2), 109, 351(2), 352,
303(2), 3(5) of BNS, 2023.
Patna High Court CR. MISC. No.43862 of 2026(2) dt.08-07-2026
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5. As per the prosecution story, the informant alleged
that on petty dispute between the parties, the accused persons
resorted to assault. Petitioner no. 1, Sanjay Prasad gave dab
blow to his mother on the head causing injuries. When the
informant came to her rescue, allegation is that petitioner no. 2,
Dinesh Prasad assaulted upon the head of his sister, Nibha,
again by dab causing injury near the eyes and Shivsagar Prasad,
petitioner no. 3 gave iron rod blow to the informant. The further
allegation of taking away cash amount is also there. This led to
the FIR.
6. Learned Counsel for the petitioners submit that so
far as petitioner no. 1 is concerned, the anticipatory bail
application already stands withdrawn. So far as petitioner nos. 2
and 3 are concerned, a perusal of the learned Sessions Judge
order would show that the injuries have been found to be simple
in nature. It is a dispute between the parties which has been
exaggerated, they do not have criminal antecedent.
7. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that all of
them have resorted to the assault.
8. Considering the submissions of the parties as also
the fact that the injuries have been found to be simple in nature
Patna High Court CR. MISC. No.43862 of 2026(2) dt.08-07-2026
3/4
and petitioner nos. 2 and 3 (Dinesh Prasad & Shiv Sagar Prasad)
do not have criminal antecedent, in that background, this Court
is inclined to grant the petitioner nos. 2 and 3 (Dinesh Prasad &
Shiv Sagar Prasad) the anticipatory bail with conditions.
9. Let the petitioner nos. 2 and 3 (Dinesh Prasad &
Shiv Sagar Prasad) in the event of arrest or surrender within a
period of four weeks from the date of receipt of the order, shall
be released on anticipatory bail on furnishing bail of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-II, Siwan in connection with Maharajganj
P.S. Case No. 67 of 2026 subject to condition as laid down
under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner nos. 2 and 3 (Dinesh Prasad
& Shiv Sagar Prasad), who shall provide official document
(Aadhar Card, PAN Card, Driving License, Voter ID) to show
his bona fide;
(ii) the petitioner nos. 2 and 3 (Dinesh Prasad & Shiv
Sagar Prasad) shall appear on each and every date before the
Trial court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his bail bond
Patna High Court CR. MISC. No.43862 of 2026(2) dt.08-07-2026
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by the Trial court itself;
(iii) the petitioner nos. 2 and 3 (Dinesh Prasad & Shiv
Sagar Prasad) shall appear before the concerned police station
every fortnight for next six months to mark attendance and at
the end of the period, the certificate be submitted to the Court;
(iv) the petitioner nos. 2 and 3 (Dinesh Prasad & Shiv
Sagar Prasad) shall in no way try to induce or promise or threat
the witnesses or tamper with the evidences, failing which the
State shall be at liberty to take steps for cancellation of the bail
bonds;
(v) the petitioner nos. 2 and 3 (Dinesh Prasad & Shiv
Sagar Prasad) shall desist from committing any criminal offence
again failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
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