Patna High Court
Arun Kumar @ Arun Kumar GoswamiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioners subject to specified conditions.
Summary
The petitioners, three brothers from Gaya, sought pre‑arrest bail in connection with Sakurabad Police Station Case No. 153 of 2024, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault and outraging modesty. They alleged that the FIR was a retaliatory ‘counter‑blast’ to an earlier case (Civil Line PS Case No. 190 of 2024) they had filed against the informant’s son, and highlighted a delay of four days between the alleged incident and the filing of the FIR. The State opposed bail, contending that the petitioners actively participated in the assault and that the offences were serious. The Court noted the petitioners’ clean antecedent, the existence of the prior case, and the lack of a satisfactory explanation for the FIR delay, and applied the provisions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. Consequently, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions including surrender within four weeks and a family member as one bailor.
Issues considered
- What is the appropriateness of granting pre‑arrest bail to the petitioners under the circumstances?
- Does the delay in filing the FIR and the alleged retaliatory motive affect the bail decision?
- Do the alleged offences under the Bharatiya Nyaya Sanhita, 2023, warrant denial of bail?
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 308(2), 324(4), 333, 74
Subjects
- pre‑arrest bail
- criminal procedure
- assault
- outraging modesty
- counter‑complaint
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- Section 74
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2495 of 2026
Arising Out of PS. Case No.-153 Year-2024 Thana- SAKURABAD District- Jehanabad
======================================================
1. Arun Kumar @ Arun Kumar Goswami S/O Amarnath Goswami R/O
Village- Jogiya Bagicha Near Rajendra Ashram, P.S- Civil Line, Distt.-
Gaya.
2. Pappu Goswami @ Pappu @ Gautam Kumar Goswami S/O Amarnath
Goswami R/O Village- Jogiya Bagicha Near Rajendra Ashram, P.S- Civil
Line, Distt.- Gaya.
3. Deepak Goswami @ Bachu @ Deepak Kumar S/O Amarnath Goswami R/O
Village- Jogiya Bagicha Near Rajendra Ashram, P.S- Civil Line, Distt.-
Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Adv.
For the Opposite Party/s : Mr. Jagdhar Prasad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State.
2. The petitioners are apprehending their arrest in
connection with Sakurabad P.S. Case No. 153 of 2024,
registered for the offences punishable under Sections 126(2),
115(2), 303(2), 74, 333, 324(4) and 308(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. On the fateful day, while the husband and son of
the informant had gone to attend a fair, in the meanwhile, the
Patna High Court CR. MISC. No.2495 of 2026(2) dt.04-02-2026
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petitioners alongwith others forcibly entered into her house in
search of her husband. When the action of the accused persons
were protested, all the accused persons abused and assaulted the
informant and her daughter-in-law, besides there is allegation of
misbehavior and outraging the modesty.
4. Learned Advocate appearing on behalf of the
petitioners submitted that the present case is nothing but a
counterblast to Civil Line P.S. Case No. 190 of 2024 which was
instituted by the petitioner no. 1 against the son of the
informant, namely Sujit Kumar on 10.04.2024. Even as per the
FIR the alleged occurrence took place on 05.07.2024, but the
present FIR came to be instituted on 09.07.2024, without there
being any explanation for delay. Moreover, the allegation of
theft is ornamental and no case is made out under Section 74 of
the Bharatiya Nyaya Sanhita against the petitioners. The
petitioners are men of fair antecedent and they undertake that
they will fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that the petitioners have actively participated in the crime and
assaulted the informant and others.
6. Having considered the submissions advanced by
Patna High Court CR. MISC. No.2495 of 2026(2) dt.04-02-2026
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learned Advocate for the respective parties and taking note of
the materials available on record, specially the fact that prior to
the institution of the present case there was an FIR bearing Civil
Line P.S. Case No. 190 of 2024 instituted against the son of the
informant, besdies the fair antecedent of the petitioners, let the
petitioners above named be released on bail, in the event of their
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 Chief Judicial Magistrate, Jehanabad in connection
with Sakurabad P.S. Case No. 153 of 2023, 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
petitioners.
(Harish Kumar, J)
supratim/-
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