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Patna High Court

Prabhakar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Prabhakar Kumar, sought anticipatory bail after learning that he might be arrested in a case involving offences under the Bharatiya Nagarik Suraksha Sanhita, 2023. He argued that the FIR was based on a complaint case that had already been dismissed under Section 203 of the Cr.P.C., and that he had a clean antecedent. The informant alleged a violent robbery and assault, but the petitioner contended that the allegations were vague, implausible, and motivated by his earlier criminal complaint against the informant’s husband. The learned magistrate had issued a process under Section 82 Cr.P.C. without stating reasons, which the petitioner claimed should not preclude bail. The High Court, after considering the lack of specific charges against the petitioner and the questionable motive, granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail can be granted when a process under Section 82 Cr.P.C. has been issued without reasons.
  • Whether the general and omnibus nature of the allegations against the petitioner justifies denial of bail.
  • Whether the prior dismissal of the complaint under Section 203 Cr.P.C. affects the grant of anticipatory bail.
  • Whether alleged motive and false implication warrant the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 82 CrPC
  • Section 203 CrPC
  • Bharatiya Nagarik Suraksha Sanhita
  • false implication
  • general allegations
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9928 of 2026
                    Arising Out of PS. Case No.-3 Year-2023 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Prabhakar Kumar S/o- Sukeshwar Lal Das Resident Of Village- Taraiya, Ps-
                 Saharghat, Dist- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Amit Srivastava, Sr. Advocate
                                                 Mr. Ram Nibash Prasad, Advocate
                 For the Opposite Party/s :      Mr.Mithlesh Kumar Khare
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   10-04-2026                     Heard learned senior counsel, Mr. Amit Srivastava,

                   for the petitioner and learned Spl. P.P. appearing for the State

                   and learned counsel for the informant.

                                 2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Sections 448, 341, 323, 354,

                   379, 427, 504, 506 and 34 of the B.N.S. Act, 2023.

                                 3. The learned senior counsel appearing on behalf of

                   the petitioner submits that the complaint case No.4 of 2023 was

                   instituted against the petitioner but then the same was dismissed

                   under Section 203 of Cr.P.C. By an order dated 17.10.2023

                   passed by the learned Additional Sessions Judge, Ist-cum-

                   Special Judge, Madhubani, as such petitioner is a person with

                   clean antecedent. The learned senior counsel next submits that
Patna High Court CR. MISC. No.9928 of 2026(3) dt.10-04-2026
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          informant alleges that she along with her son on 28.10.2022 at 2

          P.M. were going on motorcycle to purchase jewellery, when

          they were intercepted by accused persons and they asked to

          hand over all the belongings, on protest, accused persons, Hare

          Ram on point of pistol threatened that her son would be killed,

          thereafter, Priyanshu and Runa snatched Rs.17,000/- while

          Lalita and Prabhakar forged her to sign on two blank papers,

          thereafter, Lalita and Runa made her unconscious by putting a

          uncle chips around her bed and Prabhakar assaulted by hammer

          causing injury on head and Hare Ram assaulted by rod causing

          injury on back and chest. It is next alleged that accused persons

          assaulted her son and followed them to their house and again

          assaulted and Prabhat acted inappropriately with her daughter in

          law and accused person took away Rs.15,000/- and jewelry

          worth Rs. 1,50,000/-.

                       4. Learned senior counsel appearing on behalf of the

          petitioner submits that petitioner has been falsely implicated in

          the instant case by the informant, it is next submitted that the

          instant F.I.R. is based on a compliant case, it is further submitted

          that allegations as alleged in the F.I.R. does not inspire

          confidence for the reason that it does not appear probable that

          the informant after being made unconscious by the accused
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          person by putting uncle chip could have walked back home with

          a son as the informant alleges that she was made unconscious

          and thereafter she was assaulted and the accused followed her

          and her son to the house and again assaulted her, abused and

          took away her belonging. It is next submitted that allegation

          against the petitioner is general and omnibus in nature, it is

          further submitted that petitioner had instituted Shaharghat P.S.

          Case No.217 of 2022 against the husband of the present

          informant alleging that on pretext to giving Govt. job, the

          husband of the informant took him a lakhs of rupees and in the

          said retaliation, the instant F.I.R. came to be instituted.

                       5. Learned senior counsel after making submissions

          on merit fairly submits that process under Section 82 Cr.P.C. has

          been issued but then it is submitted that facts of the case is also

          required to be appreciated and anticipatory bail should not be

          rejected in a mechanical manner merely for the reason that

          process under Section 82 Cr.P.C. has been there, it is also

          submitted that prior to issuing process under Section 82 Cr.P.C.

          the learned Magistrate has to assign reason but then the order

          issuing process under Section 82 Cr.P.C. is bereft of any reason,

          it is also submitted no doubt allegation are there in the F.I.R. but

          then as far as this petitioner is concerned, there is no specific
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          allegation against him, it is further submitted that even wife of

          the petitioner came to be implicated in the instant case only with

          an intent to course the family into submission so that the

          petitioner comprises Saharghat P.S. Case No. 217 of 2022

          instituted against husband of the present informant. It is also

          submitted that wife of this petitioner namely, Lalita Kant has

          approached the Court seeking anticipatory bail by filing Cr.

          Misc. No.9351 of 2026 and the same to be allowed by an order

          dated 24.03.2026.

                       6. Learned A.P.P. for the State and learned counsel for

          the informant oppose the prayer for anticipatory bail of the

          petitioner but then the learned counsel appearing on behalf of

          the informant is not in a position to rebut the submission of

          learned senior counsel appearing on behalf of the petitioner that

          petitioner earlier has instituted Saharghat P.S. Case No. 217 of

          2022 against the husband of the instant informant and that the

          allegation against the petitioner in the F.I.R. is general and

          omnibus in nature.

                       7. Considering the aforesaid facts and circumstances

          of the case, I am inclined to grant privilege of anticipatory bail

          to the petitioner.

                       8. Let the petitioner, as named above, in the event of
            Patna High Court CR. MISC. No.9928 of 2026(3) dt.10-04-2026
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                      his arrest or surrender within four weeks from today, be

                      enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

                      Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Additional Chief Judicial Magistrate,

                      Benipatti, Madhubani, in connection with Madhwapur P.S. Case

                      No. 03 of 2023,           subject to the conditions laid down under

                      section 438(2) of the Code of Criminal Procedure/Section

                      482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.




                                                                          (Satyavrat Verma, J)
sanjeev/-

U       T


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