Patna High Court

Uday Prasad @ Chandradev Prasad @ Chandroday Prasad @ Chandoday PrasadversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNS Act.

Summary

The petitioners, Uday Prasad and Tunni Kumar, sought anticipatory bail fearing arrest in a case registered under several sections of the Bihar Non‑Serious (BNS) Act and the Arms Act. They asserted they have clean antecedents and alleged that the informant falsely implicated them, claiming no specific allegation of assault was made against them. The State opposed the bail, arguing the seriousness of the offences. The court examined the submissions and, applying Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNS Act, ordered that the petitioners be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties each. The bail was conditioned on compliance with the stipulated terms.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482(2) BNS Act in view of the allegations.
Whether the petitioners can be considered falsely implicated and thus eligible for bail.

Legislation cited

Arms Act — s. 23, 25(1-b)a, 26, 35
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
false implication
assault
arms act
criminal procedure
Section 438
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86269 of 2025
                     Arising Out of PS. Case No.-1104 Year-2024 Thana- AGAMKUAN District- Patna
                 ======================================================
           1.     Uday Prasad @ Chandradev Prasad @ Chandroday Prasad @ Chandoday
                  Prasad S/O Kamla Prasad @ Late Kamla Prasad @ Kamla Prasad Singh R/O
                  Village- Netar, P.s.- Daniyawan, District- Patna
           2.     Tunni Kumar @ Rahul Mahto @ Rahul Kumar S/O Kamla Prasad @ Late
                  Kamla Prasad @ Kamla Prasad Singh R/O Village- Netar, P.S.- Daniyawan,
                  District- Patna
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Diwakar, Advocate
                 For the Opposite Party/s :      Mr. Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-01-2026                  1. Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2), 115,

                   352, 351(2), 303(2) and 3(5) of the BNS as well as Sections 23,

                   25(1-b)a, 26 and 35 of the Arms Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and the informant

                   alleges that petitioners came and started abusing his tenant and on

                   information the informant came to the place of occurrence when

                   Sanoj, Chhotu, Saurabh and Vicky also came from the side of the

                   petitioners and assaulted the informant with lathi, danda, fists and

                   slaps. Further, Sanoj took pistol from his waist and started
           Patna High Court CR. MISC. No.86269 of 2025(2) dt.20-01-2026
                                                       2/2




                     flaunting when villagers came and snatched his pistol but Chhotu

                     snatched the gold chain of the informant.

                                  4. Learned counsel for the petitioners submits that

                     petitioners have been falsely implicated in the instant case by the

                     informant. It is further submitted that from perusal of the

                     allegation as alleged in the FIR, it would manifest that no specific

                     allegation of assault is alleged against the petitioners and

                     petitioners are not the criminals.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioners.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioners, let the petitioners above-named, in the

                     event of their arrest or surrender before the learned trial court

                     within a period of six weeks from today, be released on

                     anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees

                     Ten Thousand) each with two sureties of the like amount each to

                     the satisfaction of the learned trial court where the case is

                     pending/Successor Court in connection with Agamkuan P.S. Case

                     No. 1104 of 2024, subject to the conditions as laid down under

                     Section 438 (2) of the Cr.P.C./482(2) of the BNSS.

                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

Continue reading with your account

Checking your session…