Patna High Court
Niraj Kumar @ Niraj RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Criminal Procedure Code — s. 438(2), 482(2)
- Indian Penal Code — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352
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
2/3
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
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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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