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Patna High Court

Prabhu Tanti @ Prabhu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.6380 of 2026(3) dt.18-03-2026
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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
Patna High Court CR. MISC. No.6380 of 2026(3) dt.18-03-2026
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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
            Patna High Court CR. MISC. No.6380 of 2026(3) dt.18-03-2026
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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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