Patna High Court
Prabhu Tanti @ Prabhu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail and the court granted it with conditions.
Summary
The petitioner, Prabhu Tanti, was arrested in connection with a murder case (PS Case No.57/2025) under Sections 140(3), 103(1), 61(2) and 238(A) of the Bihar Narcotic Substances Act, 2023. He was not originally named in the FIR; his name was added later based on a petition by the informant. The petitioner claimed innocence, arguing that no material evidence linked him to the crime, while the prosecution opposed bail, noting a pending case and that the petitioner was already on bail in another matter. The court observed that co‑accused persons in the same case had been granted anticipatory or regular bail and that the petitioner’s late inclusion in the FIR weakened the prosecution’s case. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties and imposed standard conditions for cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite being added to the FIR at a later stage.
- Whether the existence of a pending case and prior bail in another matter precludes granting bail in the present case.
- Whether the bail decisions granted to co‑accused persons are determinative for the petitioner’s bail application.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 140(3), 238(A), 61(2)
Subjects
- bail
- anticipatory bail
- FIR amendment
- co‑accused
- Bihar Narcotic Substances Act
- Criminal Procedure Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6380 of 2026
Arising Out of PS. Case No.-57 Year-2025 Thana- PARBATTA District- Khagaria
======================================================
Prabhu Tanti @ Prabhu Kumar son of Dipo Sharma Resident of village-
Sidyatpur, Agwani Panchhiyari Tola, Ward No. 10, Ps- Parbatta, Dist-
Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Singh, Advocate
Mr. Parmatma Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-03-2026 Heard Mr. Aditya Singh, learned counsel for the
petitioner and Mr. Anil Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
03.12.2025 in connection with Parbatta P.S. Case No. 57 of
2025, F.I.R. dated 12.02.2025 for the offences punishable under
Section 140(3), 103(1), 61(2), 238(A) of the B.N.S., 2023.
3. According to prosecution case, the son of the
informant was traceless and he was last seen with co-accused
Golu Kumar.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
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alleged in the FIR. Initially, the petitioner was not named in the
FIR. The name of the petitioner has been transpired during
investigation on the basis of petition filed by the informant on
18.02.2025 and the informant has suspected that the petitioner
and other co-accused persons have killed the son of the
informant. He further submits that except the suspicion, no other
cogent material has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence and co-accused person, namely, Sonu
Kumar, who happens to be brother of the co-accused, namely,
Golu Kumar, has been granted privilege of anticipatory bail by a
coordinate Bench of this Hon’ble Court vide order dated
02.12.2025 passed in Cr. Misc. No. 48060/2025 and the co-
accused persons, namely, Ghutar Yadav, Mantu Yadav and Anuj
Kumar have been granted regular bail by this Court vide order
dated 17.01.2026 passed in Cr. Misc. No. 84588 of 2025. The
police after investigation submitted charge-sheet against the
petitioner and petitioner is in custody since 03.12.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail and submits that petitioner carries one more
case other than the present one but fairly submits on the basis of
paragraph-3 of bail petition that the petitioner is on bail in the
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pending matter.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioner was initially not named in
the FIR, the name of the petitioner has been transpired on the
basis of petition filed by the informant on 18.02.2025, co-
accused person, namely, Sonu Kumar, who happens to be
brother of the co-accused, namely, Golu Kumar, has been
granted privilege of anticipatory bail by a coordinate Bench of
this Hon’ble Court and similarly situated co-accused persons
have been granted regular by this Court, 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 Additional Session Judge-
2, Khagaria in connection with Parbatta P.S. Case No. 57 of
2025, with 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 her absence on two consecutive dates without sufficient
reason, his/her 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
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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
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)
Ranjeet/-
U T
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