Patna High Court
Indrajeet Prasad @ Indrajeet MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the Bihar Negotiable Special Statutes.
Summary
The petitioners, Indrajeet Prasad and Pinki Devi, sought anticipatory bail fearing arrest in connection with PS case No. 268 of 2025, which alleged offences under sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the Bihar Negotiable Statutes. They contended that the FIR primarily implicated Suman Kumari, the informant's daughter‑in‑law, and that no specific allegation was made against them. The informant’s counsel opposed bail, asserting the petitioners actively participated in the assault. The court examined the FIR, noted the absence of any overt act attributed to the petitioners, and considered the principle of anticipatory bail under Section 482(2). Concluding that the case was fit for anticipatory bail, the court ordered their release upon surrender, subject to a bail bond of Rs.20,000 with two sureties each.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in the absence of specific allegations against them.
Subjects
- anticipatory bail
- FIR
- false implication
- criminal procedure
- Section 482
- Bihar Negotiable Statutes
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8925 of 2026
Arising Out of PS. Case No.-268 Year-2025 Thana- PARSA District- Saran
======================================================
1. Indrajeet Prasad @ Indrajeet Mahto, S/o- Balram Prasad, Village - Basti
Jalal, P.S - Dighwara, Dist- Saran
2. Pinki Devi, W/o- Indrajeet Prasad, Village - Basti Jalal, P.S - Dighwara,
Dist- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Madhu Mala Kumari, Adv.
For the Informant : Mr. Viksh Kumar Shukla, Adv.
For the State : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 24-02-2026 1. Heard the parties.
2. The petitioners apprehend their arrest in
connection with Parsa P. S. Case No. 268 of 2025 dated
04.09.2025 registered for the offence(s) punishable under
Section(s) 126(2), 115(2), 109, 352, 351(2) & 3(5) of the BNS.
3. The main submissions advanced by the
petitioners' counsel are that the FIR itself shows that the main
allegation of assaulting the informant by means of knife is
against the co-accused Suman Kumari who happens to be the
daughter-in-law of the informant, both the petitioners have been
made accused mainly on account of being the close relatives of
the co-accused Suman Kumari and against them there is no
specific allegation.
Patna High Court CR. MISC. No.8925 of 2026(2) dt.24-02-2026
2/2
4. Learned counsel appearing for the informant has
vehemently opposed the bail prayer of the petitioners and
submits that both the petitioners actively participated in the
commission of the alleged assault.
5. In the facts and circumstance of this case and
considering the above stated facts and the pleas taken by the
petitioners in their petition coupled with this fact that main
allegation of inflicting knife injury to the informant is against
her daughter-in-law and no specific overt act has been attributed
to the petitioners, in my opinion, it is a fit case for anticipatory
bail to the petitioners. Accordingly, let the petitioners named-
above, in the event of their arrest/surrender before the learned
court below within a period of six weeks from today, be
released on anticipatory bail in connection with Parsa P. S.
Case No. 268 of 2025 on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty Thousand) each with two sureties of the like
amount each to the satisfaction of the Court concerned, subject
to the conditions as laid down under Section 482(2) of the
BNSS.
(Shailendra Singh, J)
Rajiv/-
U T
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