Patna High Court
Ajit Rai @ Bhulani RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail is granted conditionally, subject to verification of the injury; if grievous, custody; if simple, release on bail under Section 482(2) of the BNSS, 2023.
Summary
The petitioner, Ajit Rai, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 110, 303(2), 351(2), 352 and 3(5) of the BNS, alleging that he was falsely implicated in an assault on an informant and his son. The FIR alleges that the petitioner and co‑accused assaulted the informant with a spade, causing head injury to the son. The petitioner claimed innocence, stating the dispute arose from a business rivalry between tea stalls. The State opposed bail. The Court observed that the injury report was not on record, so the nature of the injuries could not be ascertained, and therefore conditionally granted pre‑arrest bail pending verification of the injury: if the injury is grievous, the petitioner must be taken into custody; if simple, he may be released on bail subject to Section 482(2) of the BNSS, 2023 and other conditions. The application was disposed of with these directions.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail for the offences alleged under the BNS.
- Whether the absence of an injury report precludes granting bail.
- Whether bail can be conditioned under Section 482(2) of the BNSS, 2023 based on the nature of the injury.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 110, 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- pre‑arrest bail
- criminal procedure
- injury report
- Section 482
- business rivalry
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11977 of 2026
Arising Out of PS. Case No.-871 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Ajit Rai @ Bhulani Rai Son of Late Nathuni Rai Resident of village- Lal
Pokhar Chack Jagdishpur, P.S.- Hajipur Sadar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-03-2026 Heard learned counsel appearing on behalf of the
petitioner and the learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Hajipur Sadar P.S.Case No.871 of 2025, registered for the
offence(s) punishable under Sections 126(2), 115(2), 110,
303(2), 351(2), 352 and 3(5) of BNS.
3. As per the allegation made in the FIR, co-accused
persons including the petitioner assaulted the informant and his
son with spade, causing head injury to the son of the informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and has been
falsely implicated in the present case. Learned counsel further
submitted that the petitioner and the informant run tea stalls at
the same place, and due to business rivalry, an altercation arose
Patna High Court CR. MISC. No.11977 of 2026(2) dt.12-03-2026
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between them, leading to a free fight in which both parties
sustained injuries. He further also submitted that there is case
and counter-case between the parties arising out of the same
incident.
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, having perused the allegation
made in the FIR, I am of the opinion that petitioner has, prima
facie, made out a case to be released on pre-arrest bail, however,
it is pertinent to note that the injury report is not on the
record of this Court and, therefore, the exact nature of
injuries could not be ascertained at this stage, subject to
verification of the injury of the injured and (1) if the injury is
found to be grievous, the petitioner is directed to be taken into
custody and (2) in case, the injuries are simple in nature, the
petitioner is directed to be released on pre-arrest bail in
connection with Hajipur Sadar P.S.Case No.871 of 2025, subject
to conditions as laid down under Section 482(2) of BNSS of
2023 and other terms and conditions as the learned district court
deems fit and proper.
7. The present application accordingly stands
Patna High Court CR. MISC. No.11977 of 2026(2) dt.12-03-2026
3/3
disposed of.
(Purnendu Singh, J)
chn/-
U T
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