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Patna High Court

Ayush Raj @ Ayushi RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                       3/3




                     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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