Patna High Court
Niranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
The court granted pre‑arrest bail to the petitioners subject to conditions under Section 438(2) Cr.P.C and Section 482(2) BNS.
Summary
The petitioners, five members of the Rai family, applied for pre‑arrest bail in a case registered as Vaishali Town Police Station Case No. 1227 of 2025, alleging offences under several sections of the Bihar Negotiable Security Act. The FIR alleged that the petitioners assaulted the informant and his wife, causing head injuries. The petitioners contended they were falsely implicated and any injuries caused were incidental and in self‑defence, describing the injuries as simple. The State and the informant opposed the bail, arguing the seriousness of the offences. After considering the allegations, the nature of injuries, and the claim of self‑defence, the court directed that the petitioners be released on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 438(2) Cr.P.C. and Section 482(2) of the BNS, and ordered verification of any criminal antecedent, after which the bail order would lapse if adverse findings emerged.
Issues considered
- Whether pre‑arrest bail can be granted under Section 438 Cr.P.C in a case involving alleged assault and multiple offences under the BNS.
- Whether the claim of self‑defence and the simple nature of injuries justify the grant of bail.
- Whether the petitioners' criminal antecedent, if any, should affect the bail order.
Legislation cited
- Bihar Negotiable Security Act — s. 109, 115(2), 118(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482(2), 76
- Criminal Procedure Code — s. 438(2)
Subjects
- pre‑arrest bail
- self‑defence
- assault
- Bihar
- Criminal Procedure Code
- Section 438
- Section 482
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10450 of 2026
Arising Out of PS. Case No.-1227 Year-2025 Thana- NAGAR District- Vaishali
======================================================
1. Niranjan Kumar S/o Dinesh Rai R/o Village- Pokhara, Naya Tola East of
Yadav Chowk, P.S.- Hajipur Nagar, District- Vaishali
2. Niraj Kumar S/o Dinesh Rai R/o Village- Pokhara, Naya Tola East of Yadav
Chowk, P.S.- Hajipur Nagar, District- Vaishali
3. Priyanka Kumari @ Kumari Veena D/o Dinesh Rai R/o Village- Pokhara,
Naya Tola East of Yadav Chowk, P.S.- Hajipur Nagar, District- Vaishali
4. Kumari Pramila Devi @ Kumari Pramila W/o Dinesh Rai R/o Village-
Pokhara, Naya Tola East of Yadav Chowk, P.S.- Hajipur Nagar, District-
Vaishali
5. Dinesh Rai S/o Late Gulel Rai R/o Village- Pokhara, Naya Tola East of
Yadav Chowk, P.S.- Hajipur Nagar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Apurv Harsh, Advocate.
Mr. Manu Tripurari, Advocate.
For the State : Mr.Abhay Kumar Roy, APP.
For the Informant : Mr. Bhola Prasad, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
6 01-07-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Vaishali Town P.S. Case No. 1227 of 2025 registered for
the offence punishable under Sections 126(2), 115(2), 118(2),
109, 303(2), 76, 352, 351(2), 351(3) and 3(5) of the BNS.
3. As per the allegation made in the F.I.R., all the
accused persons assaulted the informant and his wife causing
Patna High Court CR. MISC. No.10450 of 2026(6) dt.01-07-2026
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injuries on their head and other parts of the body.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and they
have falsely been implicated in the case. The petitioners in their
self defence might have caused some injury on the informant’s
side which was not intentional. Both the sides sustained injury
in the occurrence. The injuries sustained by the victims are
simple in nature. There is case and counter case between the
parties.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
pre-arrest bail to the petitioners.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. and the fact that the petitioners in their self defence
might have caused some injury on the informant’s side which
was not intentional and the injures sustained by the victims are
simple in nature, the petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the Court below within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
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satisfaction of learned CJM, Vaishali in connection with Vaishali
Town P.S. Case No. 1227 of 2025, subject to the condition as
laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
7. The 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
Para-3 of the bail petition, this order will automatically lose its
force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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