Patna High Court
Prabhu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
Petitioners Prabhu Kumar and Mithlesh Kumar sought anticipatory bail after fearing arrest in a case registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The FIR alleged that co‑accused Raju Qureshi, Shyam Qureshi and Naushad Qureshi killed the informant's brother, but the petitioners were not named initially. The informant later altered his statement, claiming the petitioners were the perpetrators, allegedly under pressure from the original accused. The petitioners contended they are innocent, have clean antecedents, and no investigative material links them to the offence. The State and the informant opposed bail, but the Court noted contradictions in the FIR and the absence of corroborative evidence. Consequently, the Court granted anticipatory bail, directing that if arrested within eight weeks they be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of contradictions in the FIR and lack of material evidence linking them to the alleged offences
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- FIR
- false implication
- IPC 302
- Arms Act 27
- Section 482
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85872 of 2025
Arising Out of PS. Case No.-678 Year-2023 Thana- SASARAM NAGAR District- Rohtas
======================================================
1. Prabhu Kumar S/o Late Budh Dev Singh @ Budhdeo Singh R/o Village -
Supalah Gunj, P.S - Sasaram (Town), District - Rohtas (Sasaram)
2. Mithlesh Kumar S/o Late Budh Dev Singh @ Budhdeo Singh R/o Village -
Supalah Gunj, P.S - Sasaram (Town), District - Rohtas (Sasaram)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumeet Kumar Singh
Ms. Abhilasha Kumari, Advocates
For the Opposite Party/s : Mr. Mohammed Arif, A.P.P.
For the Informant : Mr. Rajesh Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners, informant
and the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 302/34 of the Indian
Penal Code and Section 27 of the Arms Act.
3. As per F.I.R., on the instigation of co-accused Raju
Qureshi and Shyam Qureshi, co-accused Naushad Qureshi
killed the brother of informant by firing gunshot.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Petitioners are not named in the F.I.R. and their names
Patna High Court CR. MISC. No.85872 of 2025(2) dt.17-02-2026
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transpired in re-statement of informant wherein he stated that
his brother has not been murdered by the F.I.R. named accused
persons, rather by these petitioners and he was misguided by
other accused persons. It is further submitted that as a matter of
fact, out of fear and pressure from the three F.I.R. named
accused persons, informant has changed the entire version and
has falsely implicated these petitioners in the present case.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
application.
6. Considering the contradiction in the F.I.R. coupled
with the fact that no material has come in the course of
investigation to show complicity of these petitioners in the
aforesaid offence, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Additional Sessions Judge-II,
Rohtas at Sasaram in connection with Sasaram (Town) P. S.
Case No. 678 of 2023, subject to condition as laid down under
Patna High Court CR. MISC. No.85872 of 2025(2) dt.17-02-2026
3/3
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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