Patna High Court
Jitendra Prasad @ Soni PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Jitendra Prasad, was arrested on 14 July 2025 in connection with FIR dated 10 June 2025 alleging his participation in an assault on an informant and police during a raid on illegal sand mining, resulting in injuries and seizure of a tractor. He contended that the FIR contains only a generic allegation, that he is not the owner of the seized vehicle, and that he had no role in the alleged illegal mining. The petitioner highlighted that co‑accused had already been granted bail in separate orders, and argued his innocence. The prosecution opposed bail, citing a prior criminal antecedent, though noting the petitioner was already on bail for that matter. Considering the lack of specific allegation against him and his non‑ownership of the vehicle, the court granted bail on a cash bond with several conditions, including cooperation with the trial and verification of his criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyay Sanhita and alleged involvement in assaulting police.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 121(2), 126(2), 132, 190, 191(2)
Subjects
- bail
- criminal procedure
- illegal sand mining
- assault on police
- Bharatiya Nyay Sanhita
- prior criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5403 of 2026
Arising Out of PS. Case No.-221 Year-2025 Thana- MOHANPUR District- Gaya
======================================================
Jitendra Prasad @ Soni Prasad S/o- Nand Kishor Prasad R/v- Dema Ps-
Mohanpur Koshila Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-01-2026 Heard Mr. Alok Kumar Alok, learned counsel for
the petitioner as well as Mr. Bhanu Pratap Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.07.2025 in connection with Mohanpur P.S. Case No. 221 of
2025, F.I.R. dated 10.06.2025 for the offences punishable under
Sections 191(2), 190, 126(2), 121(2), 132, 109 of the Bharatiya
Nyay Sanhita, 2023.
3. Allegation against the petitioner is that he along
with other co-accused person attacked the informant and other
police forces with sticks, bricks and stone at the time of raiding
illegal mining of sand due to which they received injuries and
one tractor was seized with loaded sand.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.5403 of 2026(2) dt.30-01-2026
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petitioner is innocent and he has falsely been implicated in the
present case. He further submits that from perusal of the FIR it
appears that there is general and omnibus allegation against all
the accused persons including the petitioner and he is not the
owner of the seized tractor/vehicle and he has no role at all in
the present occurrence and also he is not involved in any illegal
mining of sand as alleged in the FIR and and similarly situated
co-accused person, namely, Mantu Singh @ Mantu Kumar
Singh been granted the privilege of anticipatory bail by this
Court vide order dated 11.12.2025 in Cr. Misc. No. 79974 of
2025 and Rahul Singh @ Rahul Kumar and Vikash Yadav @
Vikash Kumar have been granted the privilege of regular bail by
co-ordinate Bench of this Court vide order dated 16.09.2025 and
08.12.2025 in Cr. Misc. No. 63037 of 2025 and Cr. Misc.
No.82102 of 2025 and the petitioner is in custody since
14.07.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one criminal antecedent other
than the present one but fairly submits on the basis of
supplementary affidavit filed on behalf of petitioner that he is on
bail in the said matter.
Patna High Court CR. MISC. No.5403 of 2026(2) dt.30-01-2026
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6. Considering the aforesaid facts and circumstances
of the case that there is no specific allegation against the
petitioner in the FIR and petitioner is not owner of the
tractor/vehicle in question, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.S.J.-I, Sherghati, Gaya in
connection with Mohanpur P.S. Case No. 221 of 2025, subject
to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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