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Patna High Court

Aditya Kumar @ AmreshversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused pre‑arrest bail and ordered the petitioner to surrender and apply for regular bail.

Summary

The petitioner, Aditya Kumar, applied for pre‑arrest bail in a case registered under Sections 334(1) and 303(2) of the BNS. The High Court examined the nature of the allegations and the petitioner’s pending criminal history. Considering these factors, the Court was not inclined to grant pre‑arrest bail. Instead, it directed the petitioner to surrender before the District Court and seek regular bail. The District Court was instructed to hear the bail application on the same day and pass an order based on the record. Consequently, the pre‑arrest bail application was disposed of.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail for offences under Sections 334(1) and 303(2) of the BNS

Legislation cited

  • BNS — s. 303(2), 334(1)

Subjects

  • pre‑arrest bail
  • regular bail
  • criminal procedure
  • Sections 334(1) BNS
  • Section 303(2) BNS
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20380 of 2026
                  Arising Out of PS. Case No.-327 Year-2025 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Aditya Kumar @ Amresh S/O Kanhaiya Chaudhary R/O Village- South
                 Teluaa, P.S- Nautan, Distt.- West Champaran, Motihari.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajesh Kumar, Advocate
                 For the Opposite Party/s       :       Mr.Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                2. Petitioner seeks pre-arrest bail in connection with

                   Paharpur P.S.Case No.327 of 2025, registered for the offences

                   punishable under Sections 334(1) and 303(2) of BNS.

                                3. Considering the nature of allegation and the

                   criminal cases pending against the petitioner, as has been

                   informed in paragraph no.3 of the bail application, I am not

                   inclined to enlarge the petitioner on pre-arrest bail. However, the

                   petitioner may surrender before the learned district court and

                   seek regular bail.

                                4. The learned District Court is directed to consider

                   the bail application of the petitioner on the same day and pass

                   necessary order on the basis of materials available on the record
            Patna High Court CR. MISC. No.20380 of 2026(2) dt.08-04-2026
                                                        2/2




                      in accordance with law.

                                   5. With the above observation/direction, the present

                      application stands disposed of.



                                                (Purnendu Singh, J)
chn/-

U       T


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