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Patna High Court

Murari KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners are entitled to pre‑arrest bail subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioners, two students, applied for pre‑arrest bail in a case registered under Barh Police Station for offences under Sections 126(2), 115(2), 118(1), 109(1), 303(2) and 3(5) of the BNS, alleging a common intention to kill and assault on an informant and his associate. They contended that they were falsely implicated, that the injuries were minor, and that there was no material evidence against them. The State opposed the bail, arguing the seriousness of the alleged offences. The Court, after examining the FIR and the nature of the injuries, found that the petitioners had made out a prima facie case for release and directed that they be granted pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) Cr.P.C. and Section 482(2) BNSS. The Court also directed the District Court to verify any prior criminal antecedents, stating that the order would lapse if such antecedents were found. The bail application was consequently disposed of with the grant of bail.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail under Section 438 Cr.P.C. in view of the alleged offences under the BNS.
  • Whether the nature of the injuries and lack of material evidence justify granting bail.

Legislation cited

  • BNS — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5)
  • BNSS — s. 482(2)
  • Cr.P.C. — s. 438(2)

Subjects

  • pre‑arrest bail
  • Section 438 CrPC
  • Section 482 CrPC
  • BNS offences
  • prima facie case
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12061 of 2026
                          Arising Out of PS. Case No.-604 Year-2025 Thana- BARH District- Patna
                 ======================================================
           1.     Murari Kumar S/o Manoj Mahto @ Manoj Kumar R/o vill - Mubarakpur,
                  P.S.- Barh, Distt.- Patna
           2.     Chandan Kumar @ Ranjan Kumar S/o Budhan Mahto R/o vill -
                  Mubarakpur, P.S.- Barh, Distt.- Patna
                                                                   ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Kashyap, Advocate.
                 For the Opposite Party/s :        Mr. Syed Mojibur Rahman, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   12-03-2026                       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 Barh P.S. Case No. 604 of 2025 registered for the offence

                   punishable under Sections 126(2), 115(2), 118(1), 109(1),

                   303(2) and 3(5) of the BNS.

                                3. As per the allegation made in the F.I.R., with a

                   common intention to kill, all the accused persons including the

                   petitioners assaulted the informant and his friend who sustained

                   injury on the vital part of the body.

                                4. Learned counsel appearing on behalf of the

                   petitioners submitted that the petitioners are innocent and they

                   are student. They have been roped in this case on false
Patna High Court CR. MISC. No.12061 of 2026(2) dt.12-03-2026
                                            2/3




          accusation. The injury sustained by the associate of the

          informant is simple in nature while the injury which has been

          sustained by the informant, the opinion of the doctor is reserved.

          Petitioners are student and in absence of material evidence

          collected in course of investigation, the petitioners deserve to be

          released on pre-arrest bail.

                       5. Learned APP for the State has 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., the injury is simple in nature, I find that the

          petitioners have, prima facie, made out a case to be released on

          pre-arrest bail.

                       7. 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) with two sureties of the like amount each to the

          satisfaction of learned District Court where the case is pending

          in connection with Barh P.S. Case No. 604 of 2025, subject to

          the condition as laid down under Section 438(2) Cr.P.C / 482(2)

          BNSS.
           Patna High Court CR. MISC. No.12061 of 2026(2) dt.12-03-2026
                                                       3/3




                                  8. 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.

                                  9. The bail application stands disposed of.



                                                                (Purnendu Singh, J)
mantreshwar/-

U      T


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