Patna High Court
Akal @ Shakal Deo PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Akal @ Shakal Deo Prasad, sought bail in a murder case (Tekari P.S. Case No. 93 of 1997) involving offences under IPC sections 147, 148, 149, 302, 291, 201 and Section 17 of the Criminal Law Amendment Act. He contended that he was falsely implicated, not named in the original FIR, and only mentioned after a 16‑year gap in a supplementary charge‑sheet, with no specific overt act alleged against him. The State opposed bail, asserting that the charge‑sheet listed the petitioner as an absconder. The court noted the petitioner’s lack of prior criminal record, the prolonged custody since May 2025, and the precedent of bail granted to a co‑accused. Consequently, the court granted bail subject to a Rs.15,000 bond, two sureties, and conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged.
- Whether the petitioner’s alleged false implication and delayed naming in the charge‑sheet justify bail.
- Whether the petitioner’s custody period and lack of criminal antecedents warrant release on bail.
Legislation cited
- Criminal Law Amendment Act — s. 17
- Indian Penal Code — s. 147, 148, 149, 201, 291, 302
Subjects
- bail
- false implication
- IPC
- murder
- supplementary charge‑sheet
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73357 of 2025
Arising Out of PS. Case No.-93 Year-1997 Thana- TEKARI District- Gaya
======================================================
Akal @ Shakal Deo Prasad Son of Late Jogi Saw Resident of Village - Khoji,
P.S.- Bandeya (Golt), District - Aurangabad (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar, Advocate
For the Opposite Party/s : Ms. Renu Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
6 13-03-2026 Heard learned counsel for the petitioner and Ms. Renu
Kumari, learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Tekari
P.S. Case No. 93 of 1997, instituted for the offences under
Sections 147, 148, 149, 302, 291 and 201 of the Indian Penal
Code and Section 17 of the CLA Act.
3. Prosecution case, in short, is that petitioner along
with other co-accused persons committed murder of father of
the informant.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. The
petitioner is not named in the F.I.R. and the name of the
petitioner has come after lapses of sixteen years at the
supplementary Charge-sheet. He further submitted that, in fact,
Patna High Court CR. MISC. No.73357 of 2025(6) dt.13-03-2026
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specific allegation is against co-accused Gopal Yadav, who has
taken away the deceased for Panchayat and they have
committed murder. Learned counsel for the petitioner submits
that general and omnibus allegation has been made against the
petitioner. No specific overt act is alleged against the petitioner.
Learned counsel for the petitioner further submits that other co-
accused has been granted bail by a Co-ordinate Bench of this
Court vide order dated 24.10.2013 passed in Cr. Misc. No.
34241 of 2013. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 06.05.2025 and has no
criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. He further
submitted that Charge-sheet has been submitted in this case
showing the petitioner as absconder.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.73357 of 2025(6) dt.13-03-2026
3/3
below/concerned Court in connection with Tekari P.S. Case
No. 93 of 1997, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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