Created by Fuzzy Cloud

Patna High Court

Sandeep Prasad @ Sandip PrasadversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The prayer for anticipatory bail is rejected.

Summary

The petitioner, Sandeep Prasad, sought anticipatory bail fearing arrest in a case alleging his involvement in the assault of an informant’s daughter and son, and an alleged outraging of the victim’s modesty, with video footage presented by the prosecution. He argued that he was not named in the FIR, that the incident stemmed from a land‑dispute resulting in a simple clash, and that he has a clean antecedent record. The State opposed the bail, citing the video and witness statements that directly linked the petitioner to offences under several sections of the B.N.S. The court examined the specificity of the accusations and the material evidence, concluding that the allegations were sufficiently direct and serious. Accordingly, the court rejected the petition for anticipatory bail, dismissing the petition.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the video evidence and witness statements linking him to the alleged offences
  • Whether the petitioner’s alleged non‑inclusion in the FIR and claim of a simple land‑dispute clash negate the seriousness of the accusations

Legislation cited

  • B.N.S. — s. 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • video evidence
  • FIR
  • clean antecedents
  • land dispute
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90973 of 2025
                          Arising Out of PS. Case No.-80 Year-2025 Thana- ROH District- Nawada
                 ======================================================
                 Sandeep Prasad @ Sandip Prasad S/O Rajendra Chauhan R/O Village-
                 Nayadih, Derhgaon, P.S.- Kashichak, Dist.- Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Vivek Kumar Sinha, Advocate
                 For the State            :        Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                  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 126(2),

                   115(2), 74, 118(1), 117(2), 303(2), 352, 351(2) and 3(5) of the

                   B.N.S..

                                3. As per prosecution case, allegation has been

                   levelled against all the named accused persons that they came

                   and assaulted informant’s daughter and when son of informant

                   intervened in order to rescue, he was also assaulted. It is further

                   alleged that co-accused Shubhash Chauhan assaulted informant

                   by means of knife.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
             Patna High Court CR. MISC. No.90973 of 2025(2) dt.10-02-2026
                                                         2/2




                       committed no offence. Petitioner is not named in the F.I.R.. As a

                       matter of fact, on account of admitted land dispute between the

                       parties, a simple maar-peet took place in which both sides

                       sustained injuries. There is case and counter-case. Allegation of

                       assault is general and omnibus. Petitioner claims clean

                       antecedents.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that name of petitioner surfaced

                       during course of investigation on the basis of video footage

                       wherein this petitioner was seen outraging the modesty of the

                       victim and the said fact is also supported and corroborated by

                       statement of the witnesses.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation and materials that

                       have surfaced during course of investigation, the prayer for

                       grant of anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.