Patna High Court
Veeru BanjaraversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was denied as the Court was not convinced of a likelihood of acquittal.
Summary
The petitioner, Veeru Banjara, applied for pre‑arrest bail in a case registered under several sections of the Bihar Negotiable Instruments Act (BNS) relating to assault and homicide. The FIR alleges that the petitioner, along with co‑accused, assaulted the informant and his mother, leading to the mother’s death while receiving treatment. The petitioner’s counsel argued that the only specific assault allegation is against another accused and that the petitioner is merely accused of verbally abusing the deceased, with no overt act proven. The informant’s counsel and the State opposed bail, contending that the petitioner’s alleged conduct was a direct cause of the death and that conviction is likely. The Court, after reviewing the investigation material, found no indication that the petitioner would likely be acquitted and therefore refused pre‑arrest bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite allegations of involvement in assault leading to death.
Legislation cited
- Bihar Negotiable Instruments Act — s. 103(1), 109(1), 115(2), 126(2), 190, 351(3), 352, 74
Subjects
- pre‑arrest bail
- criminal procedure
- assault
- homicide
- Bihar Negotiable Instruments Act
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11539 of 2026
Arising Out of PS. Case No.-293 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Veeru Banjara S/o Sanjay Banjara @ Kuri Bahjara R/o Village- Patasang, PS-
Rahui (Bhagan Bigha), District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate
For the Informant : Mr. Akhileshwar Singh, Advocate
For the State : Mr. Md. Mushtaque Alam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 27-04-2026 Heard Mr. Pramod Kumar Sinha, learned counsel
appearing on behalf of the petitioner; Mr. Akhileshwar Singh,
learned counsel appearing on behalf of the informant and Mr.
Md. Mushtaque Alam, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Rahui P.S. Case No. 293 of 2025, registered for the offence
punishable under Sections 126(2), 115(2), 109(1), 74, 352,
351(3), 103(1) and 190 of the BNS.
3. As per the allegation made in the FIR, petitioner
along with other co-accused persons, with a common intention
to kill, had allegedly assaulted the informant and his mother
causing injury, due to which, the mother of the informant died in
course of treatment. The occurrence took place on 25.05.2025
Patna High Court CR. MISC. No.11539 of 2026(3) dt.27-04-2026
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and in course of treatment, the mother of the informant died on
27.05.2025.
4. Learned counsel appearing on behalf of the
petitioner submitted that specific allegation of assault is against
one co-accused Nagmani Singh and allegation against the
petitioner is that he had abused the mother of the informant,
who died at a private hospital in course of treatment. No specific
allegation of assault or any overt act is alleged against the
petitioner. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned counsel appearing on behalf of the
informant has vehemently opposed the prayer for grant of bail to
the petitioner and submitted there is every likelihood that in
course of trial, the petitioner will be convicted against whom,
specific allegation is that he is the one, who had abused and
asked the deceased to call one Pattu Kumar, otherwise, she
would be killed.
6. Learned A.P.P. for the State has also vehemently
opposed the prayer for grant of bail to the petitioner.
7. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the material collected
in course of investigation, I find that the petitioner has not made
Patna High Court CR. MISC. No.11539 of 2026(3) dt.27-04-2026
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out a case that in course of trial, there is every likelihood that he
will be acquitted. Accordingly, I am not inclined to enlarge the
petitioner on pre-arrest bail.
8. The present application stands dismissed.
(Purnendu Singh, J)
Niraj/-
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