15 October 2025

The Supreme Court of India, in a 15 October 2025 order, released on bail Prakash Paswan Prakash Kumar, who had been imprisoned since 5 June 2024 and had been rejected bail by the Patna High Court. The case is regarding FIR No. 99 of 2024, Police Station Maheshkhut, District Khagaria, Bihar, pertaining to offences under different sections of the Indian Penal Code, 1860, viz. Sections 188 (disobedience to order issued by a public servant), 420 (cheating), 467 (forgery of valuable security), 468 (forgery for the purpose of cheating), 471 (use as genuine a forged document), and 34 (acts done by a group of persons in furtherance of common intention).

Besides, charges were worded under Sections 30(a), 32(i), 32(ii), and 41 of the Bihar Prohibition and Excise Amendment Act, 2022.

   

The lawyer for the appellant pointed out that the trial had not yet begun and that custodial interrogation was no longer required since a chargesheet had been lodged. The State argued that the appellant was also involved in another such case where trial was pending. Considering these facts, the Supreme Court noted that extended custody was not justified after filing of the chargesheet.

Accordingly, the Supreme Court revoked the High Court order and granted bail on suitable terms and conditions to be made by the trial court. The Court also laid great emphasis on the responsibility of the appellant to co-operate during the trial process without resulting in unwarranted delay. The bench of Justices Sanjay Kumar and Alok Aradhe made clear that the order of bail was not a pronouncement regarding the merits of the case.

This judgment ensures the principle that once the need of the prosecution for custodial interrogation ceases, bail is not to be denied unnecessarily, particularly where the trial is pending.

Indian Penal Code, 1860