Upendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40119 of 2026 Arising Out of PS. Case No.-456 Year-2024 Thana- SIRDALA District- Nawada ====================================================== 1.
Upendra Prasad Son of Late Jagdish Prasad Resident of Village- Chapari, PS- Sirdala, District- Nawada 2.
Soni Devi Wife of Upendra Prasad @ Awadhesh Prasad Resident of VillageChapari, PS- Sirdala, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Nayan For the Opposite Party/s :
Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-07-2026 Heard the learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Sirdala P.S. Case No. 456 of 2024 registered for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 118(1), 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners along with others are accused of assaulting and killing the deceased.
4. Learned counsel for the petitioners submits that the petitioners are quite innocent and have falsely been implicated in this case. He further submits that the petitioners
Patna High Court CR. MISC. No.40119 of 2026(2) dt.07-07-2026 2/3 are in custody since 05.01.2026 and have no criminal antecedents. It is further submitted that one Chanchala Kumari is the assailant of the deceased. There is no specific allegation against the petitioners.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.
7. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sirdala P.S. Case No. 456 of 2024 subject to condition that:- (I). The petitioners shall appear in the trial regularly either personally or through their lawyer and shall cooperate in the trial and noncooperation in the trial shall result in cancellation of the bail bond of the petitioners;
8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.40119 of 2026(2) dt.07-07-2026 3/3 and shall not influence the trial or any other proceedings in any manner.
(Sandeep Kumar, J) Shishir/- U T