Created by Fuzzy Cloud

Patna High Court

Prashan SenversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.