Patna High Court
Ashutosh KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
The court conditionally granted pre‑arrest bail to petitioner No.1, subject to a medical report confirming simple injury and verification of a clean criminal antecedent, under Section 482(2) of the CrPC.
Summary
The petitioners applied for pre‑arrest bail in a case (Ghoghardiha P.S. Case No. 164/2024) involving alleged assault with firearms and other offences under the Indian Penal Code. The FIR alleged that the petitioners, along with others, attacked an Airtel employee, causing head injuries and threatening the informant. The petitioner claimed innocence, asserted that the allegations were omnibus, the injury was simple, and he had a clean antecedent. The State opposed the bail. The High Court directed the District Court to obtain a medical opinion on the injury; if the injury is simple and the petitioner has no other criminal antecedents, he may be released on pre‑arrest bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) CrPC. The court also ordered verification of any other criminal cases against the petitioner, stating the order would lapse if such antecedents are found, and disposed of the application.
Issues considered
- Whether pre‑arrest bail should be granted to petitioner No.1 under the circumstances of the alleged offences.
- Whether the nature of the alleged injury (simple vs. serious) affects the grant of bail.
- Whether the petitioner’s criminal antecedent influences the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 109, 115, 118, 126, 3, 303, 351, 352
Subjects
- pre‑arrest bail
- Indian Penal Code
- Section 482 CrPC
- assault with firearm
- medical report
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11541 of 2026
Arising Out of PS. Case No.-164 Year-2024 Thana- GHOGHARDIHA District- Madhubani
======================================================
1. Ashutosh Kumar S/o Surendra Yadav R/o Village- Basuari, P.S-
Ghoghardiha, Dist- Madhubani.
2. Suresh Kumar Yadav S/o Late Ramchandra Yadav R/o Village- Basuari, P.S-
Ghoghardiha, Dist- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Neha Kumari Singh, Advocate
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 27-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. At the outset learned counsel appearing on behalf
of the petitioners submitted that the petitioner no.2 has already
been arrested during the pendency of the present petition.
3. The petitioner no.1 seeks pre-arrest bail in
connection with Ghoghardiha P.S. Case No. 164/2024 registered
for the offence(s) punishable under Sections
126(2),115(2),118(1),109,303(2),352,351(2),3(5), of the BNS.
4. As per the allegation made in the FIR, while the
informant’s son was working at his Airtel Customer Service
Centre, the petitioners along with other accused persons
Patna High Court CR. MISC. No.11541 of 2026(3) dt.27-04-2026
2/3
allegedly arrived, abused and assaulted him with the butt of
firearms causing serious head injuries and also assaulted and
threatened the informant and others, thereafter, the injured was
taken for treatment and the present case was instituted.
5. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
falsely been implicated in the present case. The allegations
levelled in the FIR are omnibus and the injury, as alleged, is
simple in nature. The petitioner has clean antecedent. On these
grounds, the petitioner seeks to be released on pre-arrest bail.
6. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
7. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR, the learned District Court is directed to call for the
final opinion of the doctor in respect of the injury report of
the injured persons and if it is found that the same is
simple in nature, then in that case, the petitioner no.1, above
named, is directed to be released on pre-arrest bail in the
event of his 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
Patna High Court CR. MISC. No.11541 of 2026(3) dt.27-04-2026
3/3
sureties of the like amount each to the satisfaction of learned
District Court where the case is pending/ Concerned Court in
connection with Ghoghardiha P.S. Case No. 164/2024, subject
to the conditions as laid down under Section 482(2) of the
BNSS.
8. The learned District Court is also directed to
verify the criminal antecedent of the petitioner and if it is
found that the petitioner is 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.
9. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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