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Patna High Court

Prem Sao @ Premnath GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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