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Patna High Court

Prabhat KumarversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petitioners’ application for anticipatory bail, subject to specified conditions.

Summary

The petitioners, four residents of Dakshsni village, sought anticipatory bail fearing arrest in a case (No.399 of 2025) alleging assault on an informant and his mother‑in‑law under multiple sections of the Bharatiya Nyaya Sanhita, 2023. They contended that they were falsely implicated, that a counter‑case had been filed on their behalf, and that a compromise had been reached, documented in a petition filed on 25‑11‑2025. The State opposed the bail application. The High Court, after considering the compromise, the petitioners’ clean antecedents (except two with a prior case), and the statutory provisions, granted anticipatory bail subject to strict conditions, including a bail bond of Rs 10,000, sureties, personal presence in court, and verification of the compromise. The order also stipulated that any violation or concealment of criminal antecedents could lead to cancellation of bail. The court clarified that its observations would not affect the trial proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure read with Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences and the existence of a compromise.
  • Whether the presence of a compromise and the petitioners’ claim of false implication justify the grant of bail despite the serious nature of the offences.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • compromise
  • false implication
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9672 of 2026
                       Arising Out of PS. Case No.-399 Year-2025 Thana- KAKO District- Jehanabad
                 ======================================================
           1.     Prabhat Kumar, Son of Randhir Kumar R/o Village - Dakshsni, P.S. -
                  Kako(Bhelwar), Dist. - Jehanabad(Bihar).
           2.    Jayveer Kumar, Son of Sudhir Yadav R/o Village - Dakshsni, P.S. -
                 Kako(Bhelwar), Dist. - Jehanabad(Bihar).
           3.    Sanyoga Devi @ Sayoga Devi, Wife of Sudhir Yadav R/o Village -
                 Dakshsni, P.S. - Kako(Bhelwar), Dist. - Jehanabad(Bihar).
           4.    Premveer Kumar, Son of Sudhir Yadav R/o Village - Dakshsni, P.S. -
                 Kako(Bhelwar), Dist. - Jehanabad(Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Uday Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   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 Kako (Bhalawar) P.S. Case No.399 of 2025 registered for

                   the offences under Sections 126(2), 115(2), 117(2), 118(1),

                   109(1), 74, 352, 351(2), 351(3) and 3(5) of the                       Bharatiya

                   Nyaya Sanhita, 2023.

                                3. The allegation against the petitioners is that they

                   have all assaulted the informant and his mother-in-law. It is

                   alleged that the mother-in-law of the informant sustained a
Patna High Court CR. MISC. No.9672 of 2026(2) dt.24-02-2026
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          fracture, while several injuries were also sustained by the

          informant and others.

                       4. Learned counsel for the petitioners submits that the

          petitioners have falsely been implicated in this case and no such

          occurrence as alleged had occurred. It has further been

          submitted that for the same incident there is a counter case

          lodged on behalf of the petitioner No.3. It has next been

          submitted that on account of the intervention of the well-wisher,

          the parties have entered into a compromise and a petition to

          such effect has been filed before the learned Trial court on

          25.11.2025. It has also been submitted that the petitioners and

          the informant’s sides are agnates. It has lastly been submitted

          that petitioner nos.1 and 4 have clean antecedents and petitioner

          nos.2 and 3 have one criminal case against their names.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, 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
Patna High Court CR. MISC. No.9672 of 2026(2) dt.24-02-2026
                                            3/4




          like amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Kako (Bhalawar) P.S. Case No.399 of 2025, subject to the

          condition that the learned Trial Court shall accept the bail bond

          after confirming the fact of compromise from the informant and

          further 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 their
                          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 their 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 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.
              Patna High Court CR. MISC. No.9672 of 2026(2) dt.24-02-2026
                                                          4/4




                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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