Patna High Court
Prithvi RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Prithvi Raj, sought bail in a criminal case (PS Case No. 636 of 2025) alleging offences under several sections of the Bihar Penal Code, including assault and robbery. The prosecution alleged that the petitioner and twenty others attacked an informant’s family, causing injuries and looting property. The petitioner contended that he was falsely implicated due to longstanding political rivalry and an earlier counter‑case he had filed against the informant. The court considered the background of enmity, the nature of the injuries, and the possibility of false implication, and found merit in the bail application. Accordingly, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the Bihar Penal Code and attendance requirements.
Issues considered
- Whether the petitioner is entitled to bail pending trial in view of the alleged offences.
- Whether the allegations against the petitioner constitute a false implication arising from political rivalry.
- Whether Section 482(2) of the Bihar Penal Code justifies the grant of bail.
Legislation cited
- Bihar Penal Code — s. 109, 115(1), 118, 126, 191, 303(2), 351(2), 352, 482(2)
Subjects
- bail
- false implication
- political rivalry
- assault
- criminal procedure
- Section 482
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30232 of 2026
Arising Out of PS. Case No.-636 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Prithvi Raj S/o Dinesh Ray R/o Vill - Mathna Milik, P.S. - Katahra Gorau,
District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mohd. Sadiq Hasnain, Advocate
For the Opposite Party/s : Mr.Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Goraul (Katahra) P.S. Case No. 636
of 2025 registered for the alleged offences under Section 191, 126,
118, 109, 352, 115(1), 303(2), 351(2) of the BNS.
03. As per prosecution case, petitioner and twenty other
coaccused persons, variously armed, assaulted the informant and
his family members causing a number injuries to them. They also
looted a number of articles from the informant and his family
members.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
Due to old enmity and political rivalry as in the last Panchayati
Patna High Court CR. MISC. No.30232 of 2026(2) dt.08-05-2026
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Election the brother of the informant, namely Nagina Roy, was
elected as Mukhiya but the petitioner’s side did not support him
and the informant has been bearing grudge on this account.
Altogether 21 persons have been made accused in this case and
specific allegation against the petitioner is that he assaulted the
nephew of the informant, namely Kundan Kumar, with iron rod on
his finger and he sustained a fracture in his finger. However, there
is case and counter case between the parties and this petitioner has
lodged Goraul (Katahra) P.S. Case Nno. 635 of 2025 against the
informant and five other named persons and the counter version is
earlier in time. This petitioner was assaulted by iron rod and butt
of pistol and other persons from the petitioner side also sustained
injuries including head injuries and this shows the informant side
is aggressor. Moreover, the injury report of Kundan Kumar shows
one injury and there is no repetition of blow and this shows he
must have sustained injuries in free fight between two groups. The
petitioner has clean antecedent.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
counter version which is earlier in time and also considering the
background of previous enmity and possibility of false
Patna High Court CR. MISC. No.30232 of 2026(2) dt.08-05-2026
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implication, let the petitioner above named, in the event of his
arrest or surrender before the court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of Court of
learned ACJM-I, Vaishali at Hajipur in connection with Goraul
(Katahra) P.S. Case No. 636 of 2025, subject to the condition laid
down under Section 482(2) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
anuradha/-
U T
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