Patna High Court
Ayush Raj @ Ayushi RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail as the case is prima facie and the petitioner has a clean antecedent.
Summary
Ayush Raj was arrested in connection with a case arising from a marriage ceremony where he was alleged to have assaulted participants and snatched women's ornaments, invoking several sections of the Bihar Penal Code. The petitioner claimed innocence, asserting that no injury occurred and that the incident was a mutual scuffle with no substantive evidence for serious offences. The State opposed the bail, but the court noted the petitioner’s clean antecedent and the prima facie nature of the allegations, deeming them insufficient to deny bail. Consequently, the court granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2). The district court was directed to verify any other criminal antecedents, which could nullify the bail order.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite allegations under multiple sections of the Bihar Penal Code
- Whether the nature of the alleged offences and the petitioner’s clean antecedent justify granting bail
Legislation cited
- Bihar Penal Code — s. 109, 115(2), 126(2), 190, 191(2), 303(2), 351(2), 352, 482(2), 74
Subjects
- pre‑arrest bail
- criminal procedure
- assault
- theft of ornaments
- marriage ceremony
- clean antecedent
- Section 482
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37627 of 2026
Arising Out of PS. Case No.-265 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Ayush Raj @ Ayushi Raj, D/O Shiv Nandan Paswan, Resident of Village -
Sharthuwa ,P.S - Ghosi,Dist - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 01-07-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Ghosi P.S. Case No. 265 of 2025 registered for the
offence(s) punishable under Sections 191(2), 190, 126(2),
115(2), 74, 303(2), 109, 352 and 351(2) of the BNS.
3. As per the allegations made in the FIR, during the
course of the marriage ceremony, the petitioner, along with the
other co-accused persons, allegedly assaulted and misbehaved
with the family members of the informant. It is further alleged
that the accused persons snatched the ornaments of the women
participating in the Matkore ritual.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent. It is contended
Patna High Court CR. MISC. No.37627 of 2026(2) dt.01-07-2026
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that no such occurrence, as alleged in the FIR, had taken place.
The parties indulged in argument, due to which scuffle took
place, for which both sides lodged FIR against each-other and in
absence of any injury sustained by the victims, no case is made
out for the major offences under Section 109 of BNS. Petitioner
has clean antecedent. On these grounds, the petitioner seeks 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 considered the rival submissions made on
behalf of the parties and upon perusal of the allegations made in
the FIR, it appears that, at best, the accusation against the
petitioner pertains to obstructing a group of women who were
performing the ritual of Matakor. In such circumstances, and
taking into account that the petitioner has a clean antecedent,
this Court is of the prima facie opinion that the petitioner has
made out a case for grant of pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his 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) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.37627 of 2026(2) dt.01-07-2026
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satisfaction of learned C.J.M., Jehanabad / Concerned Court in
connection with Ghoshi P.S. Case No. 265 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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