Allowed¶22

Sadho Sharan Prasad v. The State of Bihar

Patna HC13 May 2025CR. MISC./10168/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.10168 of 2025, decided 13-05-2025 by Purnendu Singh, J. Anticipatory/pre-arrest bail under BNS Sections 126(2), 115(2), 117(2), 109, 351(2), 352; conditions under Section 482(2) BNSS; Fatehpur P.S. Case No. 594 of 2024, District Gaya; counter FIR Fatehspur P.S. Case No.606 of 2024; iron rod assault, single head injury versus two alleged in FIR, doctor's opinion reserved; bail bond Rs. 10,000 with two sureties; verification of criminal antecedents with automatic lapse of order.

What did the court decide?

Anticipatory (pre-arrest) bail granted: release in the event of arrest or surrender within four weeks on bail bond of Rs. 10,000 with two sureties of the like amount each, subject to Section 482(2) BNSS conditions and verification of criminal antecedents. ¶22

Sadho Sharan Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Fatehpur P.S. Case No. 594 of 2024 (Sections 126(2), 115(2), 117(2), 109, 351(2) and 352 BNS), is entitled to release on pre-arrest (anticipatory) bail.

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Court's answer

On consideration of the FIR allegation and perusal of the case diary, the court found minuscule evidence against the petitioner, only one injury on the informant (whereas the FIR alleged two), and the doctor's opinion on the injury reserved; accordingly the petitioner has prima facie made out a case to be released on anticipatory bail.

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Ratio / Principle

The learned District Court is directed to release the petitioner on anticipatory bail in the event of his arrest or surrender before it within four weeks, on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Fatehpur P.S. Case No. 594 of 2024, subject to the conditions laid down under Section 482(2) of the BNSS.

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Key takeaways

The learned District Court is directed to verify the criminal antecedents of the petitioner as stated in paragraph no. 3 of the bail application; if any other case is found pending against the petitioner as stated there, this order will lose its force automatically.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court allowed pre-arrest bail to petitioner apprehending arrest in Fatehpur P.S. Case No. 594 of 2024 under Sections 126(2), 115(2), 117(2), 109, 351(2) and 352 BNS (alleged iron-rod assault causing head injury with intention to kill). Court found minuscule evidence after case-diary perusal; informant sustained only one injury though FIR alleged two; doctor's opinion reserved; case-and-counter-case existed (wife's FIR, Fatehspur P.S. Case No.606 of 2024). Release directed in event of arrest/surrender within four weeks on Rs. 10,000 bail bond with two like sureties before Chief Judicial Magistrate, Gaya, subject to Section 482(2) BNSS conditions; order to lose force automatically if any other case is found pending as stated in paragraph 3 of the bail application.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10168 of 2025

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Arising Out of PS. Case No.-594 Year-2024 Thana- FATEHPUR District- Gaya

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======================================================

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Sadho Sharan Prasad Son of Late Hari Ram @ Late Hari Ram Prasad villageAndar bazar, Ward no. 07, Mahuri tola, Ps- Fatehpur, Dist- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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3 13-05-2025

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Heard Mr. Praveen Kumar, learned counsel

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appearing on behalf of the petitioner and Mr. Md. Mushtaque Alam, learned APP appearing on behalf of the State.

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The petitioner apprehends his arrest in connection with Fatehpur P.S. Case No. 594 of 2024 registered under Sections 126(2), 115(2), 117(2), 109, 351(2) and 352 of the BNS.

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As per the allegation made in the FIR, the petitioner assaulted the informant with iron rod causing head injury with intention to kill.

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Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties. The wife of the petitioner has

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Patna High Court CR. MISC. No.10168 of 2025(3) dt.13-05-2025 2/3

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lodged FIR bearing Fatehspur P.S. Case No.606 of 2024 alleging that the informant had entered into her house with bad intention and both sides sustained injuries in the said incident. He submitted that injury sustained by the informant is simple in nature and he has also clarified that there is only one injury on the head of the informant, however, in the FIR two injuries has been alleged. On these grounds, the petitioner seeks to be released on pre-arrest bail.

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Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

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Considering the allegation made in the FIR, as well as, perusing the case diary I find that there is minuscule evidence against the petitioner and injury sustained on person of the informant is only one, whereas, in the FIR two injuries has been alleged and the opinion of the doctor, regarding injury sustained, is reserved, I am of the opinion that the petitioner has, prima facie , made out a case to be released on anticipatory bail.

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The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of the like amount each, to the

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Patna High Court CR. MISC. No.10168 of 2025(3) dt.13-05-2025 3/3

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satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No. 594 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

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8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically.

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(Purnendu Singh, J)

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Ashishsingh/-

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U T

Sadho Sharan Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sadho Sharan Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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