Patna High Court
Rajeshwar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application and ordered the release of the petitioners on bail subject to statutory conditions.
Summary
The petitioners, five residents of Kanchhedwa village, feared arrest in connection with Harsidhi police station case No. 374 of 2025, which alleged offences under several sections of the Bihar Narcotic Substances Act, 2023, including assault. The prosecution alleged that the petitioners had assaulted the victim, while the petitioners contended they were innocent and falsely implicated, also mentioning the death of a person from their side in a related counter‑blast case. They filed an application for bail before the Patna High Court. The learned judge considered their apprehension of arrest, the claim of innocence, and the statutory provisions governing bail. The court allowed the application, directing that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the Bihar Narcotic Substances Act. The order stipulated that bail be granted if the petitioners surrender or are arrested within four weeks.
Issues considered
- Whether the petitioners are entitled to bail pending trial for the offences alleged under the Bihar Narcotic Substances Act, 2023.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351, 352, 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure
- Bihar Narcotic Substances Act
- Section 438
- Section 482
- pre‑trial liberty
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80877 of 2025
Arising Out of PS. Case No.-374 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
1. Rajeshwar Prasad S/O Baijnath Prasad @ Baidhnath Prasad Resident of
Village - Kanchhedwa Ward No. 02, P.S. - Harsidhi, District - East
Champaran
2. Dilip Kumar Son of Jagdish Prasad Resident of Village - Kanchhedwa Ward
No. 02, P.S. - Harsidhi, District - East Champaran
3. Ramlakhan Prasad @ Ram Lakhan Prasad Kushwaha Son of Shivnath
Prasad. Resident of Village - Kanchhedwa Ward No. 02, P.S. - Harsidhi,
District - East Champaran
4. Harendra Prasad Son of Rudal Prasad. Resident of Village - Kanchhedwa
Ward No. 02, P.S. - Harsidhi, District - East Champaran
5. Chhotelal Prasad @ Chhote Lal Prasad @ Chhotan Son of Late Shivnath
Prasad. Resident of Village - Kanchhedwa Ward No. 02, P.S. - Harsidhi,
District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar
For the Opposite Party/s : Mr.Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Harsidhi P.S. Case No. 374 of 2025 registered
for the offence under Sections 115(2), 117(2), 118(1), 126(2),
109, 351, 352, 3(5) of the BNS, 2023.
3. As per the prosecution case, the petitioners are
said to have assaulted the victim.
Patna High Court CR. MISC. No.80877 of 2025(4) dt.10-03-2026
2/2
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that in
the counter blast case, one person of the petitioner side has been
killed by the prosecution.
5. Considering the aforesaid facts, this application
is allowed.
6. 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) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, East Champaran, Motihari/concerned
Court below in connection with Harsidhi P.S. Case No. 374 of
2025, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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