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2026 DAILYLAW 29673 (PAT)

Prashant Kumar v. The State of Bihar

CR. MISC./56938/2026 · 2026-08-17

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56938 of 2026 Arising Out of PS. Case No.-282 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Prashant Kumar S/O Kameshwar Mandal @ Kameshwar Sharma @ Kamleshwar Mandal R/O Village- Kishanpur, Ward no. 11, P.S- Alamnagar (Ratwara O.P), District- Madhepura. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Lal Das, Advocate Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 17-08-2026 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 342, 323, 379, 384, 385, 504, 506/34 of the Indian Penal Code. 3. As per written-report of informant Vikky Dangi, allegation is that on 18.03.2023 at 12:00 Noon, the informant being promoter in Alex Company along with his colleague Amar Kumar came at the shop of co-accused Nilkamal, owner of Franchise of Alex Company for the purpose of promoting Nilkamal, however, said Nilkamal expressed his desire before them that he is unable to sell the medicines of alleged company, and thereafter, said Nilkamal demanded his deposited dealership money Rs. 8,44,000/- at a time from the informant. On this, the Patna High Court CR. MISC. No.56938 of 2026(2) dt.17-08-2026 2/3 informant asked Nilkamal to contact with the owner of alleged company for returning his franchise money on which co- accused Nilkamal became furious and started abusing both of them, and thereafter, on his call, other FIR named accused persons, including the petitioner, came there and the accused persons misbehaved with them and assaulted the informant Vikky Dangi and Amar Kumar and both were kept confined by Nilkamal until receiving his franchise money from the company, and in that course, the accused transferred Rs. 5500/- plus Rs. 3000/- forcibly from the informant's mobile as well as informant's colleague's mobile and forcibly took their signatures on a stamp-paper and tore three blank cheques and took the signature of informant thereon also by the accused forcibly. There is also allegation of threatening with dire consequence to informant and his colleague, if co-accused Nilkamal's franchise money Rs. 8.44,000/- is not returned by the company immediately. It is said that when the police came at the shop of co-accused Nilkamal then both of them were released from the clutch of accused persons. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that specific allegation of Patna High Court CR. MISC. No.56938 of 2026(2) dt.17-08-2026 3/3 assault is against co-accused Nilkamal and there is absolutely no allegation of any specific overt act against petitioner. Rest of the allegations are ornamental. Co-accused, namely, Nilkamal has already been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 06.09.2023 passed in Cr. Misc. No. 45959 of 2023. Petitioner claims clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P. S. Case No. 282 of 2023, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T