Patna High Court
Raushan @ Ranga BhaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioners are entitled to pre‑arrest bail as they have made out a prima facie case for release.
Summary
The petitioners, Raushan and Vickky, were accused in a police case for allegedly intercepting a bus, throwing the informant’s brother out of it and causing injuries, offences listed under several sections of the BNS. They claimed innocence, alleging the case was motivated by political rivalry and highlighted their clean criminal record. The State opposed pre‑arrest bail, while the petitioners sought release pending trial. The Court examined the FIR, medical reports indicating only simple injuries, and accepted the existence of political enmity but found a prima facie case for bail. Consequently, the Court ordered that the petitioners be released on pre‑arrest bail upon furnishing a bail bond of Rs 10,000 each with two sureties, subject to Section 482(2) of the BNSS and verification of their antecedents by the District Court.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the seriousness of the offences alleged under the BNS.
- Whether the political rivalry and clean antecedent of the petitioners justify granting bail.
- Whether the conditions of Section 482(2) of the BNSS are satisfied for granting pre‑arrest bail.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 118(2), 126(2), 190, 191(2), 351(3), 352
Subjects
- pre‑arrest bail
- political rivalry
- criminal antecedent
- Section 482
- Bihar
- bus incident
- injury
- BNS offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2816 of 2026
Arising Out of PS. Case No.-48 Year-2025 Thana- Hathiyav District- Sheikhpura
======================================================
1. Raushan @ Ranga Bhai, Aged about 23 Years, Male.
2. Vickky Kumar @ Samrat, aged about 24 Years, Male.
Both Son of Maulvi Yadav, Resident of Village- Binta, Police Station-
Hathiyawan, District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 01-04-2026 Heard Mr. Bipin Kumar, learned counsel appearing
on behalf of the petitioners and Mr. Ajit Kumar, learned APP for
the State.
2. The petitioners seek pre-arrest bail in connection
with Hathiyawan P.S. Case No. 48 of 2025 registered for the
offence punishable under Sections 191(2), 190, 126(2), 115(2),
109, 118(2), 352 and 351(3) of the BNS.
3. As per the allegation made in the FIR, while the
brother of the informant was returning by a bus after completing
a political campaign, the petitioners along with other accused
persons, had intercepted them and entered into the said bus and
had allegedly thrown the brother of the informant out of the bus
Patna High Court CR. MISC. No.2816 of 2026(3) dt.01-04-2026
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causing injury.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. There is political
rivalry between the parties and just to get the political benefit,
the informant has dragged the petitioners in the present case.
Petitioners have clean antecedent. On these grounds, petitioners
seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR and the material, which has surfaced in course of
investigation, I find that brother of the informant was treated
first at Sadar Hospital, Sheikhpura and, thereafter, he was
referred to Bhagwan Mahavir Institute of Medical Science
(BIMMS), Pawapuri, Nalanda, where the informant had
recorded his fardbeyan. The alleged incidence had taken place
on 19.08.2025 and the FIR is dated 21.08.2025. As per the
opinion of the doctor, injury sustained by both the victims have
been found to be simple in nature. It is admitted between the
parties that they had a political rivalry, as such, incidence took
Patna High Court CR. MISC. No.2816 of 2026(3) dt.01-04-2026
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place. Enmity is obvious. Petitioners have clean antecedent. I
am of the opinion that petitioners have, prima facie, made out a
case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Hathiyawan P.S.
Case No. 48 of 2025, subject to the condition as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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