Created by Fuzzy Cloud

Patna High Court

Sant Kumar Prasad @ Sant Jaiswal @ Shant kumar prasad @ Shant jaiswalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail pending trial, subject to conditions under Section 482 of the B.N.S.S 2023.

Summary

Sant Kumar Prasad was implicated in a violent incident involving a large mob that assaulted an informant and his son, leading to charges under multiple sections of the B.N.S. He applied for bail, claiming innocence and lack of criminal antecedents, while the State opposed. The petitioner had not previously sought anticipatory or regular bail. The court examined the seriousness of the allegations against the petitioner’s claim of being falsely implicated and his clean record. Relying on Section 482 of the B.N.S.S 2023, the court granted bail with a cash bond of Rs.10,000 and two sureties, subject to conditions that allow cancellation if criminal antecedents or false statements are discovered. The order directs the petitioner to surrender within eight weeks if arrested.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged
  • Whether the absence of prior bail applications or criminal antecedents influences the bail decision
  • Whether Section 482 of the B.N.S.S 2023 permits the grant of bail in this case

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 3(5), 351(2), 352
  • B.N.S.S., 2023 — s. 482

Subjects

  • bail
  • criminal procedure
  • Section 482
  • Bihar
  • high court
  • serious offences
  • anticipatory bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.553 of 2026
                   Arising Out of PS. Case No.-532 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                        Champaran
                 ======================================================
                 Sant Kumar Prasad @ Sant Jaiswal @ Shant Kumar Prasad @ Shant jaiswal,
                 Son of Girja Prasad, Resident of Village - Bhawanipur, P.S. - Sangrampur,
                 Dist. - East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Abhishek Kumar, Advocate.
                 For the State           :        Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   28-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail, apprehending his arrest,

                   in connection with Muffasil P.S. Case No. 532 of 2025 dated

                   11.08.2025 registered for the offences punishable under

                   Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2),

                   109, 303(2), 352, 351(2) and 3(5) of B.N.S.

                                 3. As per allegation, co-accused along with 100-200

                   unknown persons came over the land of the informant and

                   started doing firing and yielding iron rod causing fracture on

                   the head of Chandan Kumar who is son of the informant.

                   Subsequently, when few persons came to rescue the victim

                   they were also assaulted. It is further case of the prosecution that
Patna High Court CR. MISC. No.553 of 2026(2) dt.28-01-2026
                                            2/3




          the informant came to know later on that amongst the accused

          persons, petitioner was one of unknown 100-200 persons.

                       4. Learned counsel for the petitioner submits that the

          Petitioner is innocent and has falsely been implicated in this

          case. He further submits that prosecution case against the

          petitioner is totally based on suspicion and previous enmity.

                       5. It is also stated in paragraph no. 2 of the bail

          petition that the petitioner has not moved this Court earlier

          either for anticipatory bail or regular one in the instant case.

                       6. It has further been stated in paragraph no.3 of the

          bail petition that the petitioner has no criminal antecedents.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the Petitioner for bail.

                       8. Considering the nature of allegation, this petition

          is allowed, directing the petitioner, above-named, to be enlarged

          on bail, in the event of his arrest or surrender before the court

          below within a period of eight weeks from the date of receipt /

          production of a copy of this order, on his furnishing bail bonds

          in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned concerned

          court below in connection with Muffasil P.S. Case No. 532 of

          2025 subject to the conditions as laid down under Section 482
              Patna High Court CR. MISC. No.553 of 2026(2) dt.28-01-2026
                                                          3/3




                        (2) of the B.N.S.S 2023, and on the following conditions:

                                     (i) In case, it is brought to the notice of the court

                        below that the petitioner has any criminal antecedent, learned

                        court below shall cancel the bail bonds of the petitioner after

                        hearing him and getting satisfied that the petitioner has

                        concealed his criminal antecedents despite his knowledge of the

                        same.

                                     (ii) In case, it is brought to the notice of the court

                        below that statement regarding previous bail petition is wrong,

                        learned court below shall cancel the bail bonds of the petitioner.



                                                                  (Jitendra Kumar, J)
S.Ali/-

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.