Patna High Court
Vishun Prasad @ Bishun PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that anticipatory bail should be granted to the petitioner.
Summary
Vishun Prasad sought anticipatory bail after learning that a case had been registered against him for alleged assault on the son of an informant, invoking several sections of the B.N.S. The prosecution alleged that he attacked the victim with a lathi, while the petitioner contended that the complaint was fabricated out of a petty neighbour dispute and that any injuries were minor. He presented a clean antecedent record and medical evidence indicating only simple injuries. The State opposed the bail, arguing the seriousness of the offences. The court, after considering the nature of the alleged injuries, the petitioner’s clean record, and the circumstances of the dispute, granted anticipatory bail subject to a bond and sureties, directing that the bail be effected if he is arrested within eight weeks.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple serious offences under the B.N.S.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
- Whether the nature of the alleged injuries and the petitioner’s clean antecedents justify bail
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 303(2), 351(2), 352
Subjects
- anticipatory bail
- assault
- criminal procedure
- neighbor dispute
- clean antecedents
- B.N.S. sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90437 of 2025
Arising Out of PS. Case No.-282 Year-2025 Thana- CHOUTARWA District- West
Champaran
======================================================
Vishun Prasad @ Bishun Prasad son of Late Prahalad Sah Resident of
Village-siswa, Basantpur, Police Station-chautarwa, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sarvesh Kashyap, Advocate
For the State : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 190,
191(2), 126(2), 115(2), 117(2), 109, 303(2), 351(2) and 352 of
the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner assaulted son of informant, namely Anil Kumar, with
lathi.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, both parties are next
door neighbours and due to petty dispute, this false and
Patna High Court CR. MISC. No.90437 of 2025(3) dt.13-03-2026
2/2
concocted case has been lodged. Doctor has found the injuries,
allegedly caused by this petitioner, simple in nature. Petitioner
claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, nature of injuries allegedly caused by this petitioner and
clean antecedents of the petitioner, the prayer for grant of
anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate, Bagha, West Champaran in connection with
Chautarwa P.S. Case No. 282 of 2025, subject to condition as
laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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