Patna High Court
Ajay Prasad @ Ajay Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to bail bond and surety conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Ajay Prasad, a resident of Baisakhwa, was named in an FIR alleging multiple assaults and injuries to a woman and her family on 28-12-2024, with offences listed under Sections 189, 126(2), 115(2), 117(2), 76, 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita. The petitioner contended that the allegations were false, pointing out that the FIR was based solely on a written application and that the injuries were not medically recorded, and that the informant had a pending case against herself. He also highlighted that co‑accused Manish, Birendra and Sanjeet had earlier been granted anticipatory bail in a related matter. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita despite the serious nature of the alleged offences.
- Whether the FIR, being based on a written application without medical corroboration, warrants a presumption of false implication.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 189, 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- false implication
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65472 of 2025
Arising Out of PS. Case No.-4 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Ajay Prasad @ Ajay Kumar Prasad Son of Nayak Prasad R/o Village -
Baisakhwa, P.S. - Kesaria, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Asif Kalim, Adv
Ms. Pushpanjali, Adv
For the Opposite Party/s : Mr.Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-02-2026 1. Heard learned counsel for the petitioner, Mr. Asif
Kalim, and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 189,
126(2), 115(2), 117(2), 76, 109, 352 and 351(2) of the Bharatiya
Nyaya Sanhita.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that while she along with her sister and daughter were
plucking grass planted on the land which she had taken on lease
from Narsingh Rai on 28.01.2024, when the accused persons
came and Manish assaulted the informant by butt of rifle
causing fracture of right hand, thereafter Taj Mohammad
assaulted the informant by an iron rod causing fracture of left
Patna High Court CR. MISC. No.65472 of 2025(2) dt.10-02-2026
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hand and again assaulted her by rod causing fracture of left leg,
further petitioner and Birendra assaulted the sister of the
informant indiscriminately by rod all over her body causing
multiple injuries and also torn the clothes of her sister, while
Sanjeet Sahani torn the clothes of her daughter.
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 from perusal of the FIR, it
would manifest that the same has been instituted based on a
written application of the informant. It is next submitted that the
date of occurrence is 28.12.2024 and the FIR came to be
instituted on 07.01.2025. It is thus submitted that had any
occurrence of the nature as alleged taken place in that event the
fardbeyan would have been recorded at the hospital but then the
FIR came to be instituted based on a written application. It is
further submitted that from side of the petitioner also Kesaria
P.S. Case No. 425 of 2024 came to be instituted against the
informant and others. It is also submitted that informant
compromised the case with accused Manish, Birendra and
Sanjeet. It is further submitted that similar situated co-accused
Manish, Birendra and Sanjeet had approached this Court
seeking anticipatory bail by filing Cr, Misc No. 37618 of 2025
Patna High Court CR. MISC. No.65472 of 2025(2) dt.10-02-2026
3/3
and the same came to be allowed by an order dated 18-6-2025.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, 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/- (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 Kesariya P.S. Case No. 4 of 2025, subject to the conditions
as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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