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Patna High Court

Prithvi RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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