Patna High Court
Prashan SenversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The bail application was allowed, and the petitioners were released on bail subject to the stipulated conditions.
Summary
Petitioners Prashan Sen and Arvind Sen sought bail fearing arrest in a case (Vishnupad PS Case No. 316 of 2024) alleging assault on an informant and forced signature, with offences under several sections of the B.N.S. The prosecution alleged the petitioners were armed and injured the informant. The petitioners contended innocence, false implication, and highlighted familial relations and prior bail status. The court, after considering the facts, allowed the bail application, directing release on a Rs.10,000 bond each with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the B.N.S.S., and imposed conditions of cooperation with the trial. The bail was granted with a warning that non‑compliance would lead to cancellation of the bond.
Issues considered
- Whether bail should be granted to the petitioners pending trial for the offences alleged under the B.N.S.
- Whether the conditions of Section 438(2) CrPC and Section 482 B.N.S.S. justify the release on bail
- Whether the petitioners pose a flight risk or threat to the investigation
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 190, 191(2), 351(2), 352
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Section 438 CrPC
- Section 482 B.N.S.S.
- assault
- false implication
- pre‑trial release
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64691 of 2025
Arising Out of PS. Case No.-316 Year-2024 Thana- VISHNUPAD District- Gaya
======================================================
1. Prashan Sen S/o Arvind Sen R/o Mohalla- Nawagarhi, PS- Vishnupad, Dist-
Gaya
2. Arvind Sen S/o Vishnu Sen R/o Mohalla- Nawagarhi, PS- Vishnupad, Dist-
Gaya
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Sinha
For the Opposite Party : Mr. Pramod Kumar Pandey
For the Informant : Mr. Gajendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners, learned
counsel for the informant and learned APP for the State.
2. The petitioners apprehends their arrest in
connection with Vishnupad P.S. Case No. 316 of 2024 dated
01.11.2024 for the offences punishable under Sections 191(2),
190, 126(2), 115(2), 352, 351(2), 109 of the B.N.S.
3. As per the prosecution case, the petitioners and the
co-accused persons came armed with sharp weapon and
assaulted the informant, due to which he sustained head injury
and also put his signature forcibly on blank paper.
4. It has been submitted by the learned counsel for the
petitioners that the petitioners are innocent and he has falsely
been implicated in this case. Both the parties are related to each
other. There is a case and counter case and the counter case has
been lodged by the father of the petitioner no. 2.
Patna High Court CR. MISC. No.64691 of 2025(4) dt.21-01-2026
2/2
5. He further submits that the petitioner no. 1 has
clean antecedent whereas the petitioner no. 2 has five criminal
antecedent and in all the cases he is on bail.
6. Considering the entirety of the facts, this
application is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- ( Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M. 6th, Gaya in connection with Vishnupad P.S. Case No.
316 of 2024 subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the B.N.S.S.
8. As a condition of this order, the petitioners, after
being released on bail are directed to co-operate in the trial
either by appearing personally or through his lawyer in the trial
Court on each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of the bail
bond of the petitioners.
(Sandeep Kumar, J)
atul/-
U T
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