Patna High Court
Arvind Prasad @ Mahesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, subject to conditions, under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioners, Arvind Prasad, Lilee Prasad and Rohit Kumar, sought anticipatory bail fearing arrest in connection with Tharthari Police Station Case No. 65 of 2025, which alleged offences under Sections 191(2), 126(2), 115(2), 303(2), 109 of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that the accused assaulted a school guard, snatched his gold chain and fired weapons. The petitioners contended that they were falsely implicated due to a family altercation, that the injury to the guard was minor, no incriminating article was recovered, and that they have a clean antecedent. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., subject to stringent conditions including surety, personal presence in court and verification of antecedents. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in view of the alleged offences.
- Whether the allegations of assault, theft and firing warrant denial of bail.
Legislation cited
- Arms Act — s. 27
- B.N.S. — s. 109, 115(2), 126(2), 191(2), 303(2)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 27 Arms Act
- false implication
- bail conditions
- Criminal Procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9642 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- THARTHARI District- Nalanda
======================================================
1. Arvind Prasad @ Mahesh Kumar Son of Yugeshwar Prasad R/o Village -
Milkipar, P.S. - Hilsa, Dist. - Nalanda.
2. Lilee Prasad @ Anil Prasad Son of Bikhi Prasad R/o Village - Milkipar, P.S.
- Hilsa, Dist. - Nalanda.
3. Rohit Kumar Son of Sadanand Prasad R/o Village - Agnu Bigha, P.S. - Hilsa,
Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Tharthari P.S. Case No. 65 of 2025 registered for the
offences under Sections 191(2), 126(2), 115(2), 303(2) and 109
of the B.N.S. and under Section 27 of the Arms Act.
3. As per the prosecution case, the informant has
alleged that he is a guard in a school and that while he had gone
to switch on the lights, the petitioners, along with five to six
unknown persons, asked his name and thereafter started
assaulting him with fists and even snatched away his gold chain.
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It has further been alleged that the accused persons also started
firing.
4. Learned counsel for the petitioners submits that the
petitioners are falsely been implicated and in fact, the incident
as alleged has not at all occurred. He further submits that on
occasion of the marriage of the daughter of one Ramparit
Prasad, who is the relative of petitioner number 1 and 2, there
was an altercation and on account of such altercation, the
petitioners have been falsely implicated. It has further been
submitted that the injury was found to be simple on the right
forearm of the informant and no incriminating article has been
recovered from the conscious possession of the petitioners. It
has lastly been submitted that the petitioners carry clean
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioners above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) each with two sureties of the like amount each to the
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satisfaction of the learned Court below where the case is
pending/successor court in connection with Tharthari P.S. Case
No. 65 of 2025 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioners shall be his
close relative.
(ii) The petitioners shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioners will be liable to be cancelled by the
Court concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have
concealed their criminal antecedent, the court
below shall take step for cancellation of bail bond
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of the petitioners. However, the acceptance of bail
bonds in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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