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Patna High Court

Niraj Kumar @ Niraj RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of specific allegations or overt acts against the petitioners, the court held that they are entitled to pre‑arrest bail.

Summary

The petitioners applied for pre‑arrest bail in a case (Bairgania PS Case No. 92/2025) involving alleged group assault and multiple offences under the Indian Penal Code. The FIR alleged a group attack by 17 persons, causing grievous injuries to the informant, but did not contain specific allegations or overt acts attributable to the petitioners. The petitioners claimed innocence and alleged false implication by an enemy, while the State opposed bail. The court, after hearing both sides, noted the lack of specific charges against the petitioners and directed that they be released on pre‑arrest bail if arrested or surrendered within four weeks, subject to a bail bond and sureties. The court also imposed a condition that the petitioners cooperate with the investigation and report to the police as required. The bail application was consequently disposed of.

Issues considered

  • Whether pre‑arrest bail can be granted in the absence of specific allegations or overt acts against the accused
  • Whether the seriousness of the offences under the IPC precludes the grant of bail under Section 438 CrPC

Legislation cited

Subjects

  • pre‑arrest bail
  • bail under Section 438 CrPC
  • Section 482 CrPC
  • Indian Penal Code
  • false implication
  • group assault
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20348 of 2026
                     Arising Out of PS. Case No.-92 Year-2025 Thana- BARGAINIA District- Sitamarhi
                 ======================================================
           1.     Niraj Kumar @ Niraj Rai S/o Raj Kishore Rai R/o Village- Masha Alam,
                  PS- Bairgania, Dist- Sitamarhi
           2.    Vishwas Rai @ Ram Vishwas Rai S/o Mahendra Rai R/o Village- Masha
                 Alam, PS- Bairgania, Dist- Sitamarhi
           3.    Manohar Kumar Yadav @ Manohar Rai S/o Siyaram Yadav R/o Village-
                 Masha Alam, PS- Bairgania, Dist- Sitamarhi
           4.    Jitendra Rai S/o Bharat Rai R/o Village- Masha Alam, PS- Bairgania, Dist-
                 Sitamarhi

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hans Lal Kumar, Advocate.
                 For the Opposite Party/s :       Mr.Damodar Prasad Tiwary, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                     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 Bairgania P.S. Case No. 92/2025 registered for the offence

                   punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),

                   303(2), 109, 352, 351(2) of the BNS.

                                3. The F.I.R. discloses group attack by altogether 17

                   persons including the petitioners. Injury which the informant

                   has sustained is grievous in nature. The informant had received

                   multiple injuries on different parts of the body.
Patna High Court CR. MISC. No.20348 of 2026(2) dt.08-04-2026
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                       4. Learned counsel appearing on behalf of the

          petitioners submitted that the petitioners are innocent and they

          have committed no offence as alleged in the F.I.R. The

          petitioners have been falsely implicated in the case at the

          instigation of their enemy. The allegation levelled against the

          petitioners is general and omnibus.

                       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., in absence of any specific allegation against the

          petitioners or any overt act attributable to them, 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 CJM, Sitamarhi in

          connection with Bairgania P.S. Case No. 92/2025, subject to the

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

          BNSS.

                       7. The petitioners are directed to cooperate with the

          investigation and, as and when required, report to the concerned
           Patna High Court CR. MISC. No.20348 of 2026(2) dt.08-04-2026
                                                       3/3




                     Superintendent of Police and the concerned Investigating

                     Officer for the said purpose.

                                  8. In case of failure, this order will automatically lose

                     its force.

                                  9. The bail application stands disposed of.



                                                              (Purnendu Singh, J)
mantreshwar/-

U      T


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