Patna High Court
Vijendra Prasad @ Bijendra PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
Bail is granted to the petitioner subject to a Rs 10,000 bond, two sureties (one a close family member), and the conditions of Section 482(2) of the BNSS.
Summary
The petitioner, Vijendra Prasad, sought bail fearing arrest in connection with Manjhi Police Station Case No. 90 of 2025, which alleged offences under Sections 109, 118(2), 126(2), 351(2), 351(3), 76 and 3(5) of the Bihar Penal Code. The allegations involved repeated knife blows and abuse of an informant, with a claim of a prior similar incident involving the informant’s mother. The petitioner argued that a counter‑case (Case No. 92 of 2025) stemming from a land dispute showed the parties were agnates and that the injuries were simple, except for one penetrating wound, and highlighted his fair antecedent. The State contended that the petitioner was specifically accused of inflicting repeated knife injuries. After weighing the submissions, the nature of the injuries, the petitioner’s clean record and the existence of a counter‑case, the Court ordered his release on bail upon furnishing a Rs 10,000 bond with two sureties, one of whom must be a close family member, and subject to the conditions of Section 482(2) of the Bihar Non‑Statutory (BNSS).
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the alleged offences under the Bihar Penal Code.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the conditions prescribed under Section 482(2) of the BNSS are applicable.
Subjects
- bail
- criminal procedure
- Section 482(2)
- offences under Bihar Penal Code
- simple injuries
- fair antecedent
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83654 of 2025
Arising Out of PS. Case No.-90 Year-2025 Thana- MANJHI District- Saran
======================================================
Vijendra Prasad @ Bijendra Prasad, Son of Kripa Shankar Prasad, Resident of
Village -Jayee, Chapra (Matiar), P S -Manjhi District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Adv.
For the Opposite Party/s : Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 06-01-2026 Heard learned Advocate for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Manjhi P.S. Case No.90 of 2025 registered for the offences
punishable under Sections 109, 118(2), 126(2), 351(2), 351(3),
76 and 3(5) of the BNS.
3. The allegation against the petitioner is of causing
repeated knife blows over the informant, besides the allegation
of abusing him in an inebriated condition along with other
accused persons. It is also alleged that earlier also the petitioner
had committed such incidents with the mother of the informant.
4. Learned Advocate for the petitioner, taking this
Court through the FIR, contended that besides the fact that there
is a counter version of the present case being Manjhi P.S. Case
Patna High Court CR. MISC. No.83654 of 2025(2) dt.06-01-2026
2/3
No.92 of 2025 instituted by the wife of the brother of the
petitioner, the parties are agnates and bickering over a land
dispute, which resulted into free fight and some unfortunate
injuries. Moreover, the entire case falls to the ground for the
simple reason that the informant and his brother have sustained
simple injuries. However, one of the injuries is said to be a
penetrating wound. The petitioner is a man of fair antecedent
and he will fully cooperate in the proceedings of the Court.
5. On the other hand, learned Advocate for the State
submitted that there is a specific accusation against the
petitioner of causing repeated knife blows to the informant.
6. Having considered the submissions set forth by the
learned Advocate for the respective parties and taking note of
the genesis of the occurrence, coupled with the factum of case
and counter case, besides the simple nature of injuries and the
fair antecedent of the petitioner, 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/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-XI, Saran at
Chapra in connection with Manjhi P.S. Case No.90 of 2025,
Patna High Court CR. MISC. No.83654 of 2025(2) dt.06-01-2026
3/3
subject to the condition as laid down under Section 482(2) of
the BNSS, with further condition that one of the bailors shall be
the own/close family members of the petitioner.
(Harish Kumar, J)
rohit/-
U T
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