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Patna High Court

Shambhu HarijanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 76
  • BNSS — s. 482(2)

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
                 ======================================================
           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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