Patna High Court
Prabhat KumarversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 351(3), 352, 482(2), 74
- Criminal Procedure Code — s. 438(2)
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
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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.
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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/-
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