Patna High Court
Sant Kumar Prasad @ Sant Jaiswal @ Shant kumar prasad @ Shant jaiswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
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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
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(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
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