Patna High Court
Prakash Chandra Prabhat @ Prakash Kumar @ SonuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Prakash Chandra Prabhat, was charged under sections 109(1) and 3(5) of the B.N.S. Act and sections 3 and 4 of the Explosive Act, with a later addition of section 103(1) of B.N.S., for allegedly hurling bombs at B.N. College, Patna, resulting in a student's death. He applied for regular bail, claiming innocence and that his name surfaced only through a spy's information and that his confessional statement was extracted under duress. The counsel highlighted that co‑accused in similar cases had already been granted bail by the same court. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the court found the petitioner's circumstances comparable to the earlier bail orders and granted regular bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the grave nature of the offences under the B.N.S. and Explosive Acts.
- Whether the evidence against the petitioner, including spy information and a confessional statement, justifies denial of bail.
- Whether precedent bail orders in similar cases should influence the decision.
Legislation cited
- B.N.S. — s. 103(1), 109(1), 3(5)
- Explosive Act — s. 3, 4
Subjects
- bail
- criminal procedure
- explosives
- murder
- investigation
- confessional statement
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89189 of 2025
Arising Out of PS. Case No.-368 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Prakash Chandra Prabhat @ Prakash Kumar @ Sonu S/O Chandradev Kumar
R/O village - Shankar Bigha, P.S- Sakurabad, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 109(1) and
3(5) of B.N.S. and Section 3 and 4 of the Explosive Act. Later
on, Section 103(1) of B.N.S. was added.
3. The case of the prosecution is that during
examination conducted at B.N. College, Patna, some
miscreants hurled bombs and one student got injured who,
later on, succumbed to his injuries. The Principal of that
college requested the police to take action.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.89189 of 2025(2) dt.22-01-2026
2/3
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the name of this
petitioner has transpired during investigation on the basis of
information given by spy. Learned counsel has further
submitted that police has extracted the confessional statement
of this petitioner and others as well wherein they have stated
that there was scuffle between the group of the boys. Save and
except, this, there is nothing against this petitioner. Learned
counsel for the petitioner has also submitted that similarly
situated other co-accused persons have already been granted
bail by learned co-ordinate Bench of this Court vide order
dated 05.01.2026 passed in Cr. Misc. Nos. 64204 of 2025 and
67983 of 2025. The case of this petitioner stands on similar
footing. Moreover, the petitioner is languishing in judicial
custody since 13.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Pirbahore P.S. Case No. 368 of 2025 on furnishing bail bond of
Patna High Court CR. MISC. No.89189 of 2025(2) dt.22-01-2026
3/3
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Patna.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…