Patna High Court
Arjun RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court grants anticipatory bail to the petitioner subject to the conditions stipulated under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Arjun Raj, sought anticipatory bail in connection with FIR No. 251 of 2025 alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and attempt to murder. The prosecution alleged that the petitioner, along with co‑accused Chiranjeevi Kumar, attacked the informant with weapons, causing grievous injuries, while the petitioner’s counsel argued that the medical report showed only simple injuries and that a similar bail had been granted to the co‑accused. The State opposed the bail, emphasizing the seriousness of the head injury and the need to prevent tampering with evidence. The Court examined the discrepancy between the FIR allegations and the medical findings, considered the precedent of bail to the co‑accused, and concluded that anticipatory bail could be granted with strict conditions. 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 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious assault allegations.
- Whether the nature of the injuries, as recorded by the medical officer, justifies denial of bail.
- Whether the grant of anticipatory bail to a co‑accused influences the decision on the petitioner’s bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- grievous hurt
- bail conditions
- section 438 CrPC
- section 482 BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24556 of 2026
Arising Out of PS. Case No.-251 Year-2025 Thana- SANDESH District- Bhojpur
======================================================
Arjun Raj S/O Ramlakhan Singh R/O Dharmpur, P.S- Sandesh, Distt.-
Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akanksha Malviya. Advocate
Mr. Akasu Keshav, Advocate
Ms. Naina Nancy, Advocate
Mr. Mukund Kumar, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
Mr. Ravi Shankar Singh, Advocate
Mr. Rishi Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 01-07-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sandesh P.S. Case No. 251 pf 2025, F.I.R dated
11.10.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 303(2), 117(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, that the informant,
lodged a written report, alleging that while he was sitting at the
entrance of his house, the petitioner, Arjun Raj, and co-accused
Chiranjeevi Kumar alias Bhim Singh arrived armed with deadly
weapons, abused him, and assaulted him. It is alleged that
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Chiranjeevi Kumar struck the informant on the head with a
saawl/khanti, while the petitioner assaulted him with a farsa,
causing grievous head injuries. When the informant's wife
intervened, she was allegedly assaulted by Jyoti Devi and Mira
Kunwar with sticks, and her gold locket weighing about 5 grams
was forcibly snatched. It is further alleged that Chiranjeevi
Kumar instigated the petitioner to shoot the informant,
whereupon the petitioner aimed a firearm at him, forcing him to
flee to save his life. The prosecution further alleges that the
occurrence stemmed from an earlier dispute dated 06.10.2025
regarding encroachment by way of extension of a sunshade over
the informant's land, in respect of which a counter case had
already been instituted by the petitioner at Sandesh Police
Station. As a result of the assault, the informant sustained
serious injuries, including a severe head injury requiring about
31 stitches, besides fractures of his left hand and right leg, and
was taken to Sadar Hospital for treatment.
4. Learned counsel for the petitioner submits that as
per the allegations leveled in first information report, the
informant is said to have been assaulted by Chiranjeevi Kumar
alias Bhim Singh and also by petitioner namely Arjun Raj. It has
next been submitted that the nature of the injuries which is said
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to have been sustained by the informant is not corroborated with the
allegation leveled in the first information report as the nature of the
injuries which has been recorded by the Medical Officer, have been
found to be simple in nature and the other co-accused persons upon
whom is said to have similar allegation, namely Chiranjeevi kumar
has already been extended the privilege of anticipatory bail in Co-
ordinate Bench. The submissions of counsel for the petitioner is that
the injuries being simple in nature and the allegations not being
corroborated with the nature of the injury sustained, the petitioner
deserves the privilege of anticipatory bail. Learned counsel for the
petitioner further submits that the petitioner undertakes to maintain
peace and harmony with the informant and shall not commit any
such offence in future. It is further submitted that, in the event the
allegations are found to be true during the course of investigation,
the police may be put at liberty to take appropriate steps for
cancellation of the bail.
5. Learned APP for the State opposes the prayer for
anticipatory bail application. Informant has appeared sou-moto and
is being represented by Rishi Sinha opposes prayer for grant of
anticipatory bail and submits that the injuries have been sustained
on head.
6. Considering the aforesaid facts and circumstances
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and taking into account that for the similar allegation, the the
privilege of anticipatory bail has been granted to the co-accused
namely Chiranjeevi Kumar. Accordingly, this Court is inclined
to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate Bhojpur at
Ara in connection with Sandesh P.S. Case No.251 , subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the
family member/relative/known of the
petitioner(s) who shall provide official
document/personal affidavit to show his/her
bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/her/their bail
bond by the Trial Court itself;
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(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of their bail
bonds.
(Ajit Kumar, J)
rajan/-
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