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Patna High Court

Ram Pravesh PrasadversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court declined to grant anticipatory bail to the petitioners.

Summary

The Patna High Court heard four anticipatory bail applications arising from a single case (PS Ghoshi, Case No 429 of 2025) involving alleged murder and illegal possession of arms. The FIR alleged that the petitioners had threatened the victim, Twinkle Kumar, who was later found shot dead. The petitioners argued they were falsely implicated, that the allegations were vague and there were no eyewitnesses, and that no formal complaint of threat had been lodged. The prosecution contended that the petitioners were named in the FIR, the offence was serious, and the threat to the victim was established. Considering the seriousness of the offences under Section 103(1) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, the court found sufficient grounds to deny bail. Consequently, all anticipatory bail applications were dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 103(1) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act given the seriousness of the alleged offences.
  • Whether the alleged prior threats and the nature of the FIR provide sufficient ground to refuse anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • serious offence
  • murder
  • illegal arms possession
  • Bhartiya Nyaya Sanhita
  • Arms Act
  • bail jurisprudence
  • criminal procedure

Judgment

    IN THE HIGH COURT OF JUDICATURE AT PATNA

           CRIMINAL MISCELLANEOUS No.88816 of 2025
     Arising Out of PS. Case No.-429 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Munna Prasad @ Munna Kumar S/O Ram Pravesh Prasad Resident of Village
- Pritam Bigha, P.S. - Ghoshi, (Okari), District - Jehanabad

                                                                  ... ... Petitioner/s
                                      Versus
The State of Bihar

                                       ... ... Opposite Party/s
======================================================
                                       with
           CRIMINAL MISCELLANEOUS No. 89009 of 2025
     Arising Out of PS. Case No.-429 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Mallu Yadav @ Ashok Prasad Son of Late Doman Prasad @ Doman Yadav
Resident of Village- Pritam Bigha, P.S.- Ghoshi (Okari), District- Jehanabad

                                                                  ... ... Petitioner/s
                                      Versus
The State of Bihar

                                       ... ... Opposite Party/s
======================================================
                                       with
           CRIMINAL MISCELLANEOUS No. 89046 of 2025
     Arising Out of PS. Case No.-429 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Pintu Kumar S/O Bhallu Yadav @ Ashok Prasad @ Mallu Yadav Resident of
Village - Pritam Bigha, P.S. - Ghoshi, Okari, District - Jehanabad

                                                                  ... ... Petitioner/s
                                      Versus
The State of Bihar

                                       ... ... Opposite Party/s
======================================================
                                       with

           CRIMINAL MISCELLANEOUS No. 89169 of 2025
     Arising Out of PS. Case No.-429 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Ram Pravesh Prasad Son of Late Doman Yadav Resident of Village - Pritam
Bigha, Police Station - Ghoshi (Okari), District - Jehanabad.

                                                                  ... ... Petitioner/s
                                      Versus
         Patna High Court CR. MISC. No.88816 of 2025(2) dt.15-01-2026
                                                     2/4




                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================

                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 88816 of 2025)
                 For the Petitioner/s     : Mr.Shyamal Prakash
                 For the Opposite Party/s : Mr.Gauri Shankar Gupta
                 (In CRIMINAL MISCELLANEOUS No. 89009 of 2025)
                 For the Petitioner/s     : Mr.Shyamal Prakash
                 For the Opposite Party/s : Mr. Nawal Kishore Prasad
                 (In CRIMINAL MISCELLANEOUS No. 89046 of 2025)
                 For the Petitioner/s     : Mr.Shyamal Prakash
                 For the Opposite Party/s : Mr. Akshay Lal Pandit
                 (In CRIMINAL MISCELLANEOUS No. 89169 of 2025)
                 For the Petitioner/s     : Mr.Shyamal Prakash
                 For the Opposite Party/s : Mr. Akwshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                  ORAL ORDER

2   15-01-2026         1.   Since all these four anticipatory bail applications arise out

                            of Ghoshi (Okari) Police Station Case No. 429 of 2025,

                            with the consent of the parties, all these applications are

                            heard together.

                       2.   Heard learned Counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       3.   These applications, for grant of anticipatory bail, arise out

                            of Ghoshi (Okari) Police Station Case No. 429 of 2025,

                            dated 15.08.2025, disclosing offences punishable under

                            Sections 103(1) of the Bhartiya Nyaya Sanhita, 2023 and

                            Section 27 of the Arms Act.

                       4.   The prosecution case, as per the First Information Report,

                            is that on 15.08.2025, at about 00:15 hours, co-villager of
Patna High Court CR. MISC. No.88816 of 2025(2) dt.15-01-2026
                                            3/4




                   the informant, Mita Prasad, came to the house of the

                   informant and told him that his son, Twinkle Kumar, was

                   shot dead near the dalan of Mita Prasad.         On this

                   information, all the family members rushed towards the

                   dalan of Mita Prasad and saw that the son of the

                   informant was lying in the lane and blood was oozing out

                   of his head. The informant alleged that two days prior to

                   the occurrence, the petitioners, along with other co-

                   accused persons, had threatened the deceased to kill him,

                   and the deceased had disclosed this fact to his family

                   members.

              5.   Learned Counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated

                   in this case due to dispute regarding passage. He further

                   submits that the allegation against the petitioners are

                   general and omnibus in nature and there is no eye-witness

                   to the alleged killing of the son of the informant. He

                   further submits that the deceased had not informed the

                   police about the threaten given by the accused persons.

              6.   On the other hand, learned Additional Public Prosecutor

                   vehemently opposed the prayer for bail and submits that

                   the petitioners are named in the First Information Report.
            Patna High Court CR. MISC. No.88816 of 2025(2) dt.15-01-2026
                                                        4/4




                               He further submits that just prior to the occurrence, the

                               deceased had been threatened by the accused persons and

                               the deceased had himself disclosed this fact to his family

                               members. He next submits that the offence is serious in

                               nature and the case is still under investigation.

                          7.   Regards being had to the submissions advanced on behalf

                               of the parties and taking into consideration the

                               seriousness of the offence and the fact that just prior to

                               the occurrence, the deceased was threatened by the

                               accused persons, including the petitioners, I am not

                               inclined to grant the petitioners privilege of anticipatory

                               bail.

                          8.   These applications are, accordingly, dismissed.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


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