Patna High Court
Raj KhuranaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court held that the delay in filing the FIR, the monetary nature of the dispute and the petitioner's clean antecedents warranted the grant of pre‑arrest bail subject to conditions.
Summary
Petitioner Raj Khurana applied for pre‑arrest bail in connection with PS case No. 421 of 2025, which alleged offences under Sections 126(2), 127(2), 115(2), 303(2), 318(4) and 3(5) of the Bharatiya Nagrik Suraksha Sanhita, 2023, including assault, theft and forced signature. The FIR was lodged four days after the alleged incident, and the petitioner argued that the complaint stemmed from a monetary dispute and that he had no prior criminal record. The State opposed bail, citing the seriousness of the accusations. The court examined the delay in filing the FIR, the nature of the dispute, and the petitioner's clean antecedents, and concluded that these factors justified granting bail. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S., 2023. The bail order is effective if the petitioner surrenders within four weeks of the order.
Issues considered
- Whether pre‑arrest bail should be granted despite the alleged offences under the B.N.S., 2023.
- Whether the four‑day delay in filing the FIR and the monetary nature of the dispute negate the necessity of custody.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 115(2), 126(2), 127(2), 303(2), 318(4), 3(5), 482(2)
Subjects
- pre‑arrest bail
- delay in FIR
- monetary dispute
- assault
- theft
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1576 of 2026
Arising Out of PS. Case No.-421 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
Raj Khurana S/O Bhim Singh R/O Village- Basti, P.S- Harnaut, Distt.-
Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Adv.
Ms. Monika Singh, Adv.
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Harnaut P.S. Case No. 421 of 2025, registered for the
offences punishable under Sections 126(2), 127(2), 115(2),
303(2), 318(4) and 3(5) of the B.N.S., 2023.
3. Allegedly, on pretext of returning Rs. 42,000/-,
which was taken by the co-accused Piyush Kumar, the
informant was called upon on telephone. When the informant
rushed at the place, 3-4 persons were already present and they
apprehended the informant and started abusing and assaulting.
Patna High Court CR. MISC. No.1576 of 2026(2) dt.04-02-2026
2/3
The accused persons also snatched the mobile and golden locket
and also got his signature on a stamp paper, besides procured the
photo-copy of the aadhaar card and owner book of the vehicle.
4. Learned Advocate for the petitioner referring to the
FIR contended that the alleged occurrence took place in the
afternoon of 05.09.2025, but surprisingly the present FIR came
to be instituted on 09.09.2025, after delay of four days, without
there being any explanation for the same. Moreover, from
perusal of the FIR, it appears that on account of some monetary
dispute, the present FIR came to be instituted with a view to put
pressure and wreck vengeance. The petitioner and the informant
are known to each other. There is no material which suggest
that the informant has sustained any injury. It is lastly contended
that the petitioner bears fair antecedent and he undertakes that
he will fully co-operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that there is
a specific accusation against the petitioner of causing assault
and forcibly got his signature on a stamp paper, besides
snatching of valuables.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
Patna High Court CR. MISC. No.1576 of 2026(2) dt.04-02-2026
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the delay in institution of the FIR, coupled with the materials
available on record, which suggest the dispute somewhat
monetary in nature, besides the fair antecedent of the petitioner,
let the petitioner above named be released on bail, in the event
of his arrest or surrender before the court below within a period
of four weeks from the date of receipt/production of a copy of
this order, upon furnishing bail bonds of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M., Biharsharif (Nalanda) in
connection with Harnaut P.S. Case No. 421 of 2025, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023 with the further condition that
one of the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
shivank/-
U T
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