Patna High Court

ROCKY PRASAD @ ROCKY RANJAN PRASADversusTHE STATE OF BIHAR

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioner, subject to a bond and sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Rocky Prasad, sought bail in a murder case registered under Sections 103(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution’s case is based solely on an informant’s report alleging that the petitioner and others murdered the informant’s brother, but the informant is not an eye‑witness and did not disclose how he obtained the information. The petitioner argued that there is no direct evidence linking him to the offence and highlighted his clean antecedents. The informant’s counsel opposed bail, contending the seriousness of the alleged crime. The Court, after considering the lack of eyewitness testimony and the petitioner’s surrender within eight weeks, ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether bail can be granted in a murder case where the sole accusation is based on a non‑eyewitness informant’s report.
Whether the provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permit the Court to enlarge bail in the circumstances.
Whether the petitioner’s clean antecedent and willingness to surrender within a stipulated period justify bail.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita, 2023 — s. 103(2), 3(5)

Subjects

bail
murder
informant
non‑eyewitness testimony
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85689 of 2025
                        Arising Out of PS. Case No.-159 Year-2025 Thana- BELCHHI District- Patna
                 ======================================================
                 ROCKY PRASAD @ ROCKY RANJAN PRASAD S/O SHISHU PAL
                 PRASAD @ SHISHUPAL PRASAD R/O KORARI, P.S.- BELCHHI, DIST.-
                 PATNA.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shambhu Narayan Singh, Adv.
                 For the Opposite Party/s :        Mr.Chandra Bhushan Prasad, APP
                                                   Mr.Jeetendra Narayan, Adv.for Informant
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   28-01-2026                     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 offence under Sections 103(2), 3(5) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                3. Prosecution case, in brief, as per written report of

                   informant Mohan Kumar is that, on 08/9/2025 at 06:00 AM, he

                   found that his brother Vipin Kumar had been murdered in his

                   new house. He suspects that Suraj Patel, Rocky Prasad

                   (petitioner), Shravan Kumar, Abhishek Kumar, Rajesh Kumar,

                   Raju Rania and others have killed his brother with a sharp knife,

                   due to enmity.

                                4. Learned counsel for the petitioner submits that
           Patna High Court CR. MISC. No.85689 of 2025(3) dt.28-01-2026
                                                       2/2




                     informant is not eye-witness to the occurrence and has not

                     disclosed the source of information as to how he came to know

                     that petitioner and other co-accused have killed his brother.

                     During investigation, none of the witnesses have claimed to

                     have seen this petitioner committing the alleged offence.

                     Petitioner claims clean antecedent.

                                  5. Learned counsel for the informant has opposed the

                     bail petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioner, in the event of arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     S.D.J.M., Barh, Patna in connection with Belchhi P.S. Case No.

                     159 of 2025, subject to condition as laid down under Section

                     482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                       (Prabhat Kumar Singh, J)
anay

U      T

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