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Patna High Court

Dinesh PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for anticipatory bail was allowed.

Summary

The petitioner, Dinesh Prasad, sought anticipatory bail fearing arrest in a 2015 case (Shikarpur P.S. No. 264) involving offences under IPC sections 420, 467, 468, 471 and 387. The case listed 22 accused, but the police investigation concluded with a final report exonerating the petitioner. The High Court examined the final exonerating report and the petitioner's apprehension of arrest. Relying on the exoneration and the provisions of Section 482(2) of the BNSS, the Court allowed the anticipatory bail application. The Court ordered that, if arrested or surrendered within four weeks, the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the conditions prescribed under the cited provision.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the pending case under multiple IPC sections
  • Whether the final police report exonerating the petitioner justifies granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • exoneration
  • IPC sections 420,467,468,471,387
  • high court
  • bail bond
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90776 of 2025
                  Arising Out of PS. Case No.-264 Year-2015 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Dinesh Prasad S/O Late Sukdev Prasad Resident of Vill- Satwariya, P.S.-
                 Sathi, Dist- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Shikarpur P.S. Case No. 264 of 2015 registered for offences

                   under Sections 420, 467, 468, 471, 387 of the IPC.

                                3. From the perusal of the records it appears that the

                   case has been registered against 22 accused persons including

                   the petitioner. After completion of the investigation, the police

                   has submitted the final form exonerating the petitioner.

                                4. Considering the fact that the final form has been

                   submitted exonerating the petitioner, this application for

                   anticipatory bail stands allowed.

                                5. Accordingly, let the petitioner, above-named, in the

                   event of arrest or surrender within four weeks from today in the
            Patna High Court CR. MISC. No.90776 of 2025(2) dt.28-01-2026
                                                        2/2




                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Judicial

                      Magistrate, 1st Class, West Champaran, Bettiah/concerned Court

                      below in connection with Shikarpur P.S. Case No. 264 of 2015

                      subject to the conditions as laid down under Section 482(2) of

                      the BNSS.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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