Patna High Court
Shambhu HarijanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners are entitled to pre‑arrest bail subject to a bond, sureties and the conditions of Section 482(2) of the BNSS.
Summary
The petitioners were charged under Sections 126(2), 115(2), 109, 303(2), 76, 352, 351(2) and 3(5) of the BNS for allegedly assaulting an informant in their village. They pleaded that the allegation was a general, omnibus one, that they acted in self‑defence, and that they have a clean criminal antecedent. The State opposed the grant of pre‑arrest bail. The Court examined the nature of the allegations, the claim of self‑defence and the petitioners’ clean record and concluded that a prima facie case for bail existed. Accordingly, the petitioners were ordered to be released on pre‑arrest bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS and verification of any other criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the serious charges under the BNS.
- Whether the allegations constitute a prima facie case that warrants denial of bail.
- Whether the provisions of Section 482(2) of the BNSS justify granting bail in the present circumstances.
Legislation cited
Subjects
- pre‑arrest bail
- self‑defence
- clean antecedent
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10114 of 2026
Arising Out of PS. Case No.-435 Year-2025 Thana- AMAUR District- Purnia
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1. Shambhu Harijan S/o- Late Rabbi Harijan Resident of Village - Nitendar,
Ward No. - 05, Machhatta, P.S. - Amour, District - Purnea, Bihar.
2. Sem Kumar @ Sem Kumar Harijan S/o- Natthu Ray Resident of Village -
Nitendar, Ward No. - 05, Machhatta, P.S. - Amour, District - Purnea, Bihar.
3. Raj Kumar @ Raj Kumar Ray S/o- Nathu Harijan Resident of Village -
Nitendar, Ward No. - 05, Machhatta, P.S. - Amour, District - Purnea, Bihar.
4. Kuldev Harijan S/o- Gulten Harijan Resident of Village - Nitendar, Ward
No. - 05, Machhatta, P.S. - Amour, District - Purnea, Bihar.
5. Sukru Roy @ Sukaru Harijan S/o- Godai Harijan Resident of Village -
Nitendar, Ward No. - 05, Machhatta, P.S. - Amour, District - Purnea, Bihar.
6. Devan Harijan @ Devana Harijan S/o- Gulten Harijan Resident of Village -
Nitendar, Ward No. - 05, Machhatta, P.S. - Amour, District - Purnea, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajnish Kumar Singh, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-03-2026 Heard Mr. Rajnish Kumar Singh, learned counsel
appearing on behalf of the petitioners and Mr. Bhanu Pratap
Singh, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Amour P.S. Case No. 435/2025 registered for the
offence(s) punishable under Sections
126(2),115(2),109,303(2),76,352,351(2),3(5) of the BNS
3. As per the allegations made in the FIR, the
Patna High Court CR. MISC. No.10114 of 2026(2) dt.12-03-2026
2/3
petitioners assaulted the informant, causing injuries to him.
4. Learned counsel appearing on behalf of the
petitioners submits that petitioners are innocent and they have
falsely been implicated in the present case. A general and
omnibus allegation has been levelled against the petitioners. The
petitioners and informant are co-villagers. The petitioners in
self-defence, may have caused some injury on the person of the
informant. The petitioners have clean antecedent. On these
grounds, the petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, the fact that a general and
omnibus allegation has been levelled against the petitioners. The
petitioners and informant are co-villagers. The petitioners in
self-defence, may have caused some injury on the person of the
informant and also the fact that the petitioners have clean
antecedent, I am of the opinion that petitioners have, prima
facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
Patna High Court CR. MISC. No.10114 of 2026(2) dt.12-03-2026
3/3
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned District Court where the case
is pending / Concerned Court in connection with Amour P.S.
Case No. 435/2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners and if it is found
that the petitioners are involved in some other cases, as
what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
(Purnendu Singh, J)
Ashishsingh/-
U T
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