Patna High Court
Prem Sao @ Premnath GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court directed that the petitioners be released on pre‑arrest bail subject to bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Prem Sao and Amar Sao, were accused in a 2001 case of murder, conspiracy and related offences under Sections 302, 201 and 34 of the Indian Penal Code, based on allegations that they assaulted and later killed the informant's son and stole money. They applied for pre‑arrest bail, asserting that they were falsely implicated, that the FIR only mentions assault with fists and a rod, and that they have no prior criminal record. The State opposed the bail, emphasizing the seriousness of the murder charge. The Court examined the nature of the allegations and the fact that the police had already filed a final report, and concluded that bail could be granted pending arrest. Accordingly, the Court ordered the petitioners to be released on pre‑arrest bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether pre‑arrest bail should be granted to the accused in a murder case under Sections 302, 201 and 34 IPC.
- Whether the nature of the allegations and the filing of a final police report preclude the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 120B, 201, 302, 34
Subjects
- pre‑arrest bail
- murder
- IPC
- Section 482
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91643 of 2025
Arising Out of PS. Case No.-71 Year-2001 Thana- PUNPUN District- Patna
======================================================
1. Prem Sao @ Premnath Gupta S/o Late Sagar Sao R/o vill - Sheikhpura, P.S.-
Gaurichak, Distt.- Patna
2. Amar Sao @ Amar Nath Gupta S/o Late Sagar Sao R/o vill - Sheikhpura,
P.S.- Gaurichak, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
Mr. P.S. Mishra, Advocate
Mr. Navneet Dubey, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seeks pre-arrest bail in connection
with Punpun (Gaurichak) P.S. Case No. 71 of 2001 registered
for the offence punishable under Sections 302/201/34 of the
Indian Penal Code.
3. The case of the prosecution in short is that on
07.12.2001 at about 07:00 hours, the petitioners, along with
others, assaulted the son of the informant, namely, Mantu by fist
and slaps and also by rod by leveling false allegation of
committing theft against him, and thereafter people pacified the
matter. It is alleged that again on 07.12.2001, a scuffle between
Patna High Court CR. MISC. No.91643 of 2025(2) dt.06-02-2026
2/3
his son Mantu and accused persons, including the petitioners,
took place, and since that night his son has become traceless
after taking money of the informant from the bank. It is further
alleged that on 17.12.2001, the dead body of his son was found
hidden in water at the Masaurhi roadside. The informant
suspects that the petitioners have committed the murder of his
son and also snatched Rs. 11,000/- from him.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and have
been falsely implicated in connection with the present case. He
also submits that the police has submitted final form but vide
order dated 02.09.2008, learned SDJM, Masaurhi has taken
cognizance under Section 302/120B of the I.P.C. He also
submits that from perusal of the FIR, it is clear that only
allegation against the petitioners are that they have assaulted
with slaps and fists and also by rod. It has been submitted that
there is no specific allegation against the petitioners. It has also
been argued that cognizance is not a material for considering the
bail of the petitioner. Police has already submitted final form.
He further submits that a statement has been made in para 3 of
the bail petition that the petitioner is having no criminal
antecedent.
Patna High Court CR. MISC. No.91643 of 2025(2) dt.06-02-2026
3/3
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 against the
petitioners, 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 S.D.J.M., Masaurhi in connection with
Punpun (Gaurichak) P.S. Case No. 71 of 2001 subject to the
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…