Prabhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85872 of 2025 Arising Out of PS. Case No.-678 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.
Prabhu Kumar S/o Late Budh Dev Singh @ Budhdeo Singh R/o Village - Supalah Gunj, P.S - Sasaram (Town), District - Rohtas (Sasaram) 2.
Mithlesh Kumar S/o Late Budh Dev Singh @ Budhdeo Singh R/o Village - Supalah Gunj, P.S - Sasaram (Town), District - Rohtas (Sasaram) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumeet Kumar Singh Ms. Abhilasha Kumari, Advocates For the Opposite Party/s :
Mr. Mohammed Arif, A.P.P.
For the Informant :
Mr. Rajesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2026 Heard learned counsel for the petitioners, informant and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per F.I.R., on the instigation of co-accused Raju Qureshi and Shyam Qureshi, co-accused Naushad Qureshi killed the brother of informant by firing gunshot.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Petitioners are not named in the F.I.R. and their names
Patna High Court CR. MISC. No.85872 of 2025(2) dt.17-02-2026 2/3 transpired in re-statement of informant wherein he stated that his brother has not been murdered by the F.I.R. named accused persons, rather by these petitioners and he was misguided by other accused persons. It is further submitted that as a matter of fact, out of fear and pressure from the three F.I.R. named accused persons, informant has changed the entire version and has falsely implicated these petitioners in the present case. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering the contradiction in the F.I.R. coupled with the fact that no material has come in the course of investigation to show complicity of these petitioners in the aforesaid offence, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 Additional Sessions Judge-II, Rohtas at Sasaram in connection with Sasaram (Town) P. S. Case No. 678 of 2023, subject to condition as laid down under
Patna High Court CR. MISC. No.85872 of 2025(2) dt.17-02-2026 3/3 Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Navya/- U T