Patna High Court
Madan Prasad @ Madan PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 each with two sureties, subject to the conditions of section 482(2) of the BNSS, 2023.
Summary
Madan Prasad and Arjun Prasad sought bail after being implicated in a case under sections 103 and 61(2) of the Bhartiya Nyaya Sanhita, 2023 for the alleged murder of a husband in a land‑dispute context. The FIR alleged that the accused lured the victim under the pretext of a panchayat meeting and that the victim was later found hanged, with the post‑mortem reporting death by asphyxia and no injuries. The petitioners argued that there is no eyewitness, the allegation is omnibus, and they have a clean antecedent; a co‑accused had already been granted bail. The State opposed bail. Considering the lack of substantive evidence, the petitioners’ clean record, and the circumstances, the court ordered bail on a bond of Rs 10,000 each with two sureties, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioners under sections 103 and 61(2) of the Bhartiya Nyaya Sanhita, 2023 in view of the evidentiary material and their antecedents
- Whether the conditions prescribed under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are satisfied
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 103, 61(2)
Subjects
- bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- section 103
- section 61(2)
- section 482(2)
- clean antecedent
- lack of evidence
- land dispute
- hanging
- asphyxia
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5712 of 2026
Arising Out of PS. Case No.-487 Year-2024 Thana- HARSIDHI District- East Champaran
======================================================
1. Madan Prasad @ Madan Patel son of Sawroop Raut @ Sawroop Prasad
Resident Of Village -Matlohiyar, Ps- Harsidhi, Dist -East Champaran
2. Arjun Prasad @ Arjun Patel Son of Madan Prasad @ Madan Patel Resident
Of Village -Matlohiyar, Ps- Harsidhi, Dist -East Champaran
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 12-05-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 103 and
61(2) of the Bhartiya Nyaya Sanhita, 2023.
3. As per F.I.R. informant alleges that co-accused Ajit
Kumar asked husband of informant to accompany him to the
place of occurrence where the other eleven named accused
persons, including these petitioners, would also be present and
they would sort out the land dispute between the parties. It is
further stated that on her husband not returning home, she
searched for him but he was not to be found. Subsequently, it
Patna High Court CR. MISC. No.5712 of 2026(4) dt.12-05-2026
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transpired that he had been killed and hanged. She went and
identified her husband, with fractured legs. She states that she is
convinced that the accused persons have killed him by calling
him on pretext of a panchayati.
4. It is submitted on behalf of the petitioners that
petitioner is innocent and has committed no offence. There is no
eye witness to the alleged occurrence. Allegation against
petitioners is general and omnibus. As per F.I.R., husband of the
informant (deceased) was brutally assaulted by all the named
accused persons but as per postmortem report, no injury was
found on the body of deceased and cause of death is ‘Asphyxia
due to hanging’. Petitioners claim clean antecedent. Similarly
situated co-accused person has already been granted bail by this
Hon’ble Court vide order dated 17.03.2026 in Cr. Misc. No.
83829 of 2025 .
5. Learned counsel for the State opposed the bail
petition.
6 Considering the aforesaid facts, clean antecedent of
these petitioners, materials available on record and other
circumstances of the case, in the event of arrest or surrender
within eight weeks from today, let the petitioners, as named
above, be enlarged on bail on furnishing bail bond of
Patna High Court CR. MISC. No.5712 of 2026(4) dt.12-05-2026
3/3
Rs.10,000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate at Motihari in connection with Harsidhi P.S. Case
No. 487 of 2024 , subject to the conditions laid down under
section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita
( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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