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Patna High Court

Shivam KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Petitioners No.1 and 3 are granted pre‑arrest bail; petitioner No.4 is conditionally granted bail pending verification of the injury report, and petitioner No.2's bail application is dismissed as withdrawn.

Summary

The petitioners, four brothers, applied for pre‑arrest bail in connection with a case alleging assault and attempted murder. Petitioner's No.2 was arrested during the pendency of an anticipatory bail application, leading to the withdrawal of his bail request. The court found that petitioners No.1 and No.3 had a prima facie case for bail and ordered their release on pre‑arrest bail with a bond of Rs.10,000 and two sureties. For petitioner No.4, the court directed the trial court to obtain the injury report of the alleged victim; if the injury is simple, bail will be granted, otherwise he will be taken into custody. The court also directed verification of any prior criminal antecedents and ordered the bail application disposed.

Issues considered

  • Whether petitioners No.1, 3 and 4 are entitled to pre‑arrest bail under Section 482(2) of the BNSS.
  • Whether the anticipatory bail application of petitioner No.2 becomes infructuous upon his arrest.
  • Whether the nature of the injury to the informant's brother should affect the grant of bail to petitioner No.4.

Subjects

  • pre‑arrest bail
  • anticipatory bail
  • general and omnibus allegation
  • injury report
  • Section 482
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11538 of 2026
                 Arising Out of PS. Case No.-341 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
           1.     Shivam Kumar, aged about 20 years (Male) son of Ranjan Rai @ Ranjan
                  Kumar Rai @ Ranjan Kumar Ray
           2.    Kundan Kumar, aged about 25 years (Male) son of Ranjan Rai @ Ranjan
                 Kumar Rai @ Ranjan Kumar Ray
           3.    Ranjan Rai @ Ranjan Kumar Rai @ Ranjan Kumar Ray, aged about 46
                 years (Male) son of Raj Kumar Ray.
           4.    Amit Kumar @ Amit Roy, aged about 26 years (Male) son of Rajesh Ray,
                 All are resident of Village - Inayapur Dhamoun, P.S - Patory, District -
                 Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Raj Ballabh Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   27-04-2026                     Heard Mr. Pramod Kumar Singh, learned counsel

                   appearing on behalf of the petitioners and Mr. Raj Ballabh

                   Singh, learned APP for the State.

                                2. At the outset, learned counsel appearing on behalf

                   of the petitioners submitted that during the pendency of the

                   present anticipatory bail application, the petitioner no. 2 has

                   been arrested, as such, the present bail application has become

                   infructuous on behalf of petitioner no. 2.

                                3. Accordingly, the present bail application stands

                   dismissed as withdrawn on behalf of petitioner no. 2.
Patna High Court CR. MISC. No.11538 of 2026(3) dt.27-04-2026
                                            2/4




                       4. The petitioners no. 1, 3 and 4 seek pre-arrest bail in

          connection with Patory P.S. Case No. 341 of 2025, registered for

          the offence punishable under Sections 126(2), 115(2), 117(2),

          109(1), 303(2), 352, 351(2) and 3(5) of the BNS.

                       5. As per the allegation made in the FIR, petitioners

          along with other co-accused persons, with an intention to kill,

          had allegedly assaulted the informant and his brother, causing

          injury on the head of the brother of the informant.

                       6. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are innocent and have

          falsely been implicated in the present case. He further submitted

          that general and omnibus allegation has been levelled against all

          the accused persons. On these grounds, petitioners seek to be

          released on pre-arrest bail.

                       7. Learned APP for the State submitted that direct

          allegation is against petitioner no. 4, who had assaulted the

          brother of the informant on his head causing injury, which is

          vital part of the body and petitioners don't deserve to be released

          on pre-arrest bail.

                       8. Having heard the rival submissions made on behalf

          of the parties, as well as, the allegation against the petitioners

          no. 1 and 3 being general and omnibus, I am of the opinion that
Patna High Court CR. MISC. No.11538 of 2026(3) dt.27-04-2026
                                            3/4




          petitioners no. 1 and 3 have prima facie made out a case to be

          released on pre-arrest bail.

                       9. The petitioners no. 1 and 3, 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 four weeks from today, on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) each with two sureties of the

          like amount each to the satisfaction of the learned District Court

          where the case is pending, in connection with Patory P.S. Case

          No. 341 of 2025, subject to the condition as laid down under

          Section 482(2) of the BNSS.

                       10. So far as petitioner no. 4 is concerned, in absence

          of final injury report, learned District Court is directed call for

          the injury report of the brother of the informant and verify and if

          the same is found to be simple in nature, the petitioner no. 4 is

          directed to be released on pre-arrest bail on the terms and

          conditions as learned District Court deems fit and proper.

                       11. In case, the injury is found to be grievous and fatal

          to the life, the petitioner no. 4 is directed to be taken into

          custody forthwith.

                       12. The learned District Court is directed to verify

          the criminal antecedent of the petitioners no. 1, 3 and 4 as

          stated in paragraph no. 3 of the bail application. If any other
              Patna High Court CR. MISC. No.11538 of 2026(3) dt.27-04-2026
                                                          4/4




                        case is pending against the petitioners no. 1, 3 and 4 as what

                        has been stated in paragraph no. 3, this order will lose its

                        force automatically.

                                     13. Accordingly, the present bail application stands

                        disposed of.



                                                           (Purnendu Singh, J)
Niraj/-

U         T


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