Naresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20440 of 2026 Arising Out of PS. Case No.-11 Year-2026 Thana- THARTHARI District- Nalanda ====================================================== 1.

Naresh Prasad S/O Late Bhishan Chand Prasad R/O Village- Mehtarma, P.STharthari, District- Nalanda. 2.

Amar Kant Kumar @ Santu S/O Naresh Prasad R/O Village- Mehtarma, P.STharthari, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-07-2026 At the outset, learned counsel appearing on behalf of the petitioners seeks to withdraw the prayer for bail on behalf of petitioner no.1 Naresh Prasad.

2. The prayer for bail on behalf of petitioner no.1, accordingly, stands dismissed as withdrawn.

3. Heard learned counsel appearing on behalf of the petitioner no.2 and learned APP for the State.

4. The petitioner no.2 seeks pre-arrest bail in connection with Tharthari P.S. Case No. 11 of 2026 registered for the offence punishable under Sections 80(1) and 3(5) of the BNS.

5. Allegation is of committing murder due to non-

Patna High Court CR. MISC. No.20440 of 2026(3) dt.16-07-2026 2/3 fulfillment of demand of dowry.

6. Learned counsel appearing on behalf of the petitioner no.2 submitted that the petitioner no.2 is the elder brother-in-law of the deceased and he is living separately from his brother and the deceased. A statement has been given in the bail application that at the time of alleged occurrence, petitioner no.2 was in Delhi and not at the place of occurrence. Petitioner no.2 has clean antecedent. Husband of the deceased is in jail.

7. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

8. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the F.I.R., the petitioner no.2 Amar Kant Kumar @ Santu, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below 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 satisfaction of learned ACJM-I, Hilsa in connection with Tharthari P.S. Case No. 11 of 2026, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS and further condition that at the time of furnishing bail bond, the petitioner no.2 will furnish the relevant document with

Patna High Court CR. MISC. No.20440 of 2026(3) dt.16-07-2026 3/3 regard to his presence in Delhi at the time of alleged occurrence.

9. The District Court is directed to verify the criminal antecedent of the petitioner no.2 and if it is found that the petitioner no.2 is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

10. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T