Ramakant Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71949 of 2025 Arising Out of PS. Case No.-305 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Ramakant Prasad S/o Late Sitaram Prasad R/o Village- Pirodha Math, PSGhoshi, Distt.- Jehanabad, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Harsh Vardhan, Advocate For the State :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code.
3. At the outset, learned A.P.P. for the State submits that from bare perusal of impugned order it is apparent that the police has given benefit of section 41(1) of the Code of Criminal Procedure to the petitioner and there is no apprehension of his arrest.
4. From bare perusal of the impugned order it is clear that petitioner is already on police bail under section 41(1) of the Code of Criminal Procedure. This Court, in case of Mahendra Prasad Singh Vs. State of Bihar, reported in 2004
Patna High Court CR. MISC. No.71949 of 2025(2) dt.14-10-2025 2/2
(3) P.L.J.R. 491 has held that once accused persons are granted privilege of police bail, they must honour the terms of police bail. Upon surrendering, petitioner is entitled to apply for bail, and the court is instructed to consider this application in alignment with the principle established in the cited case.
5. In view of the observation of this Court made in the aforesaid case, petitioner is directed to surrender before the Court below within a period of eight weeks from today. In case, petitioner surrenders and files an application for bail, the concerned Court will pass order in the similar manner as has been decided in the case of Mahendra Prasad Singh (Supra).
6. With the above directions/observations, this application is disposed of.
(Prabhat Kumar Singh, J) shashank/- U T