Prem Chandra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27831 of 2026 Arising Out of PS. Case No.-117 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== Prem Chandra Prasad S/O Ramsundar Bhagat Resident of village- Bara bishunpur, P.S.- Rajepur, Dist.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharad Kumar Verma, Advocate :
Mr. Abhishek Kumar, Advocate :
Mr. Hemand Ray, Advocate For the State :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-04-2026 Heard Mr. Sharad Kumar Verma, learned counsel for the petitioner and Mr. Mithlesh Kumar Khare, learned APP representing the State.
2. The petitioner is apprehending his arrest in connection with Rajepur P.S. Case No. 117 of 2024 registered for the offence under Sections 341, 323, 324, 325, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code, lodged on 11.06.2024 by the informant, Ganesh Kumar Singh.
3. As per the prosecution story, the informant alleged that the accused persons came to the house and after abuse, the assault took place while Upendra Bhagat gave iron rod blow on the head, Prem Chandra Prasad (this petitioner) also gave iron rod blow again on the head. The further allegation of outraging the modesty is there. This led to the F.I.R.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.27831 of 2026(2) dt.29-04-2026 2/3 minor scuffle has given different colour. With the help of the injury report, it has been shown that the injured has received simple injury, he do not have criminal antecedent.
5. Learned APP opposes the prayer submitting that he assaulted the informant causing injury.
6. Considering the submissions put forward by the parties as also the fact that the injury has been found to be simple in nature and the petitioner do not have criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, East Champaran, Motihari, in connection with Rajepur P.S. Case No. 117 of 2024 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Patna High Court CR. MISC. No.27831 of 2026(2) dt.29-04-2026 3/3 Station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned police station every month for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T