Patna High Court
Madhusudan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners, subject to bond and surety conditions.
Summary
The petitioners, two senior citizens and a third individual, sought anticipatory bail after an FIR alleged that they had taken an advance and subsequently assaulted the informant with a lathi and an iron rod, causing injuries. The petitioners argued that the allegations against the senior citizens were merely that they were order‑givers in a dispute, and that the injury to the informant was minor and not caused by a hard or blunt object. The State opposed the bail, emphasizing the seriousness of the offences listed under the Bhartiya Nyaya Sanhita, 2023. The Court noted the existence of a case‑and‑counter‑case, the senior status of the first two petitioners, and the lack of serious injury, and therefore granted anticipatory bail subject to a bond and sureties. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted under Section 438 of the Cr.P.C. in view of the allegations in the FIR
- Whether the senior citizen status of petitioners 1 and 2 warrants bail
- Whether the nature and extent of alleged injuries justify denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 127(1), 191(2), 351(2), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- senior citizens
- assault
- FIR
- Section 438
- Criminal Procedure
- Bhartiya Nyaya Sanhita
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67265 of 2025
Arising Out of PS. Case No.-178 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
1. Madhusudan Prasad S/o Late Kanti Prasad R/o Village - Bishambharpur, P.S
- Ramgarhwa, District - East Champaran
2. Anil Prasad S/o Late Kanti Prasad R/o Village - Bishambharpur, P.S -
Ramgarhwa, District - East Champaran
3. Aman Kumar @ Aman Kumar Shrivastwa S/o Anil Prasad R/o Village -
Bishambharpur, P.S - Ramgarhwa, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
For the Informant : Mr. Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
127(1), 115(2), 109, 352, 351(2) of the Bhartiya Nyaya Sanhita,
2023.
3. The allegations in the First Information Report is
that Madhusudan Prasad, petitioner no.1, had taken some
amount as advance and on account of said transaction the
accused persons indulged in abuse and assault causing injuries.
4. The learned counsel for the petitioners submits
Patna High Court CR. MISC. No.67265 of 2025(3) dt.17-01-2026
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that it would be apparent from the reading of the First
Information Report that so far as the petitioners no. 1 and 2 are
concerned, they are both senior citizens and they are said to be
the order givers, while the allegation on petitioner no.3, Aman
Kumar is that of assaulting the informant with lathi, while
Kundan Kumar has been alleged to have assaulted with iron rod
on the head of the informant. It has further been submitted that
there was a case and counter case between the parties on the
same date of the incident and there is no specific allegation of
assault on any vital part even with regard to petitioner no.3. It
has further been submitted that the informant has suffered only
one incised injury, which is said to be simple in nature and that
too is not corroborative of the allegation of assault by hard and
blunt object.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the fact that there is case and
counter case between the parties and petitioners no. 1 and 2,
being senior citizens, have only been alleged to be the order
Patna High Court CR. MISC. No.67265 of 2025(3) dt.17-01-2026
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givers and the allegation against petitioner no. 3 has not
produced any injury to the informant, let the above named
petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with Ramgarhwa
P.S. Case No. 178 of 2025, subject to the condition as laid down
under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
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