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Patna High Court

Prabhat Kumar @ Prabhat Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that regular bail should be granted to the petitioner.

Summary

The petitioner, Prabhat Kumar, was arrested in connection with an incident where police seized an overloaded truck and, according to the FIR, he and others pelted stones at the police vehicle, damaging it and injuring officers. He was charged with offences under IPC sections 341, 323, 307, 332, 333, 353, 379, 411 and 34 and had been in custody since 27‑12‑2025. The petitioner’s counsel argued that he was falsely implicated, that the informant was not an eye‑witness and that the source of his identification was undisclosed. The State opposed bail, citing the seriousness of the accusations. The court, after considering the nature of the allegations, the investigation material and the length of custody, granted regular bail on a bond of Rs.10,000 with two sureties. The order directed the petitioner to appear before the Judicial Magistrate, 1st Class, Saran.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC.
  • Whether the identification of the petitioner by the informant is reliable enough to deny bail.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • regular bail
  • IPC sections
  • criminal law
  • police assault
  • theft
  • false implication
  • identification reliability
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4452 of 2026
                        Arising Out of PS. Case No.-59 Year-2024 Thana- DORIGANJ District- Saran
                 ======================================================
                 Prabhat Kumar @ Prabhat Kumar Rai Son of Om Prakash Rai @ Prem
                 Prakash Yadav Resident of Village- Lodipur Chirand, P.S.- Doriganj, District-
                 Saran
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms/Mrs. Mili Kumari, Advocate
                 For the Opposite Party/s :        Mr.Uday Pratap Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                    Heard learned counsel for the parties.

                                2. Petitioner seeks regular bail in a case registered for

                   the offence punishable under sections 341, 323, 307, 332, 333,

                   353, 379, 411/34 of the IPC.

                                3. As per prosecution case, while the police party

                   seized overloaded truck and was taking it to the police station,

                   all the FIR named accused persons including this petitioner

                   pelted stones damaging the truck and police vehicle and injured

                   police personnel.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner is innocent and has falsely been

                   implicated in this case. Informant is not eye witness to the

                   occurrence and he has not disclosed the source of identification

                   of the petitioner in the offence. Charge sheet has already been
               Patna High Court CR. MISC. No.4452 of 2026(2) dt.16-02-2026
                                                           2/2




                         filed. Petitioner is in custody since 27.12.2025.

                                      5. Learned counsel for the State opposes the prayer

                         for bail.

                                      6. Considering the nature of accusation, materials

                         collected during investigation and period of custody of the

                         petitioner, his prayer for regular bail is allowed. Let the

                         petitioner, mentioned above, be enlarged on bail on furnishing

                         bail bond of Rs.10,000/- (ten thousand) with two sureties of the

                         like amount each to the satisfaction of Judicial Magistrate 1st

                         class, Saran at Chapra in Doriganj Police Station Case No. 59 of

                         2024.



                                               (Prabhat Kumar Singh, J)
shashi/-

U          T


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