Patna High Court
Prakash DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners are entitled to pre‑arrest bail subject to the stipulated bond and conditions.
Summary
Petitioners Prakash Das and Bahadur Das were charged under several sections of the BNS for allegedly assaulting an informant and his wife with a farsa, parkhanti and iron rod, causing simple injuries. They claimed innocence, alleging false implication due to a neighbourly enmity, and applied for pre‑arrest bail. The State opposed the bail. The High Court, considering the nature of the allegations and the minor injuries, granted pre‑arrest bail subject to a Rs.10,000 bond with two sureties and conditions under Section 438(2) Cr.P.C. / 482(2) BNS. The Court also directed the District Court to verify the petitioners' criminal antecedents, stating that the bail order would lapse if they are found involved in other cases. The bail application was disposed of with the grant of bail.
Issues considered
- Whether pre‑arrest bail should be granted to the accused under the listed BNS sections given the nature of the alleged assault and simple injuries.
- Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNS are applicable.
- Whether verification of the petitioners' criminal antecedent can affect the continuance of the bail order.
Legislation cited
- BNS — s. 115(2), 118(1), 126(2), 303(2), 3(5), 352, 76
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- assault
- simple injury
- criminal antecedent
- Section 438
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89505 of 2025
Arising Out of PS. Case No.-270 Year-2025 Thana- BANKA District- Banka
======================================================
1. Prakash Das S/o Sukar Das R/o Village- Amba, Police Station- Banka,
District- Banka
2. Bahadur Das S/o Sukar Das R/o Village- Amba, Police Station- Banka,
District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee, Advocate.
For the Opposite Party/s : Mr.Satya Nand Shukla, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Banka P.S. Case No. 270 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 303(2), 76,
352 and 3(5) of the BNS.
3. As per the allegation made in the F.I.R., the
petitioners along with other accused persons assaulted the
informant and his wife by means of farsa, parkhanti and iron rod
causing them injury.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.89505 of 2025(2) dt.15-01-2026
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petitioners submitted that the petitioners are innocent and they
have committed no offence as alleged in the F.I.R. Both the
parties are neighbour and due to earlier enmity, petitioners have
falsely been implicated in the case. The injuries sustained by the
victims are simple in nature.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the nature of allegation made against
the petitioners and the fact that the injuries sustained by the
victims are simple in nature, the petitioners, above named, are
directed to be released on pre-arrest bail, in the event of their
arrest or surrender before the Court below within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of the like amount each to
the satisfaction of learned Chief Judicial Magistrate, Banka in
connection with Banka P.S. Case No. 270 of 2025, subject to the
condition as laid down under Section 438(2) Cr.P.C / 482(2)
BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
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force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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