Patna High Court
Kashi Lal PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated bond and conditions.
Summary
The petitioner, Kashi Lal Prasad, was implicated in a case involving offences under Sections 341, 323, 324, 307, 379, 504 and 34 of the IPC. He contended that the police investigation, after a thorough inquiry, exonerated him and that the FIR was filed on false information by an informant. Seeking protection from arrest, he applied for anticipatory bail, asserting his clean antecedents and willingness to cooperate with the trial. The State opposed the bail, but could not rebut the claim that the police report cleared the petitioner. The Court, after hearing both sides, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, reserving the right to cancel the bail if the petitioner attempts to delay the trial.
Issues considered
- Whether anticipatory bail should be granted when the investigating police have exonerated the petitioner.
- Whether the court can rely on a police exoneration report to deny cognizance of the offence.
- What conditions may be imposed under Section 438(2) Cr.P.C. and Section 482(2) BNSS while granting anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- false implication
- police exoneration
- IPC offences
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63840 of 2025
Arising Out of PS. Case No.-313 Year-2023 Thana- NAUTAN District- West Champaran
======================================================
Kashi Lal Prasad Son of Late Nathuni Seith Resident of Village - Dhumnagar,
P.S. - Nautan District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 11-02-2026 1. Heard learned counsel for the petitioner, Mr.
Chandra Bhushan Prasad, learned A.P.P. for the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 341, 323,
324, 307, 379, 504 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and in sum and
substance, the allegation against him is that he along with Sumit
Kumar assaulted the injured by knife.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that the police, after threadbare
investigation, came to a considered conclusion that petitioner is
innocent, thus, submitted final form exonerating the petitioner
Patna High Court CR. MISC. No.63840 of 2025(4) dt.11-02-2026
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of the allegation as alleged in the FIR but then the learned trial
court took cognizance based on which the petitioner apprehends
his arrest. It is next submitted that one investigating agency,
after threadbare investigation, came to a considered conclusion
that petitioner is innocent, whether it would be prudent for the
Court to send the petitioner to jail based on an order of
cognizance which came to be taken based on the same police
report which had exonerated the petitioner of the allegation. It is
also submitted that petitioner will not abscond rather will
cooperate in the trial to prove his innocence.
5. Mr. Chandra Bhushan Prasad, learned A.P.P. for the
State and learned counsel appearing on behalf of the informant
opposed the prayer for anticipatory bail of the petitioner but
then learned counsel appearing on behalf of the informant is not
in a position to rebut the submissions of the learned counsel
appearing on behalf of the petitioner that the police, after
investigation, submitted final form exonerating him of the
allegation.
6. After hearing the learned counsel for the parties, let
the petitioner, above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.63840 of 2025(4) dt.11-02-2026
3/3
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/Successor Court in connection with Nautan P.S. Case
No. 313 of 2023, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the BNSS.
7. However, if the learned trial court comes to a
conclusion that petitioner, after his release on anticipatory bail,
is trying to delay the framing of charge or after framing of
charge is trying to delay the trial of the case in any manner, the
learned trial court shall be at liberty to cancel the bail bonds of
the petitioner.
(Satyavrat Verma, J)
Kundan/-
U T
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