Patna High Court
Arjun Turha @ Arjun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that anticipatory bail should be granted as there is no specific allegation against the petitioner and he possesses a clean antecedent.
Summary
The petitioner, Arjun Turha, sought anticipatory bail in connection with a FIR alleging assault and other offences under the Bharatiya Nyaya Sanhita, 2023. He claimed a clean antecedent and argued that the FIR specifically implicated only co‑accused, with no overt act attributed to him. The State opposed the bail, contending the seriousness of the charges. The court examined the lack of specific allegation against the petitioner and his clean record, and applied the provisions of Section 438 of the CrPC and Section 482(2) of the BNSS. It granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The order directed the petitioner to surrender within thirty days if arrested and comply with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted when the FIR does not specifically allege an overt act by the petitioner.
- Whether the petitioner’s clean antecedent warrants bail despite the seriousness of the offences alleged.
- Whether conditions under Section 438 CrPC and Section 482(2) BNSS, 2023 are appropriate in this case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 352, 482(2)
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 BNSS
- clean antecedent
- FIR
- assault
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4142 of 2026
Arising Out of PS. Case No.-439 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
Arjun Turha @ Arjun Kumar S/o- Late Ramesh Sah Village- Shrinagar , P.S.-
Mairwa, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate
For the State : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Raghav Prasad, learned counsel for the
petitioner and Mr. Ram Anurag Singh, learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Mairwa P.S. Case No. 439 of 2025, F.I.R. dated
28.10.2025 registered for the offences punishable under Sections
126(2), 115(2), 118(1),109, 352, 3(5) of Bharatiya Nyaya Sanhita,
2023.
3. Allegation against the petitioner is that he along
with other co-accused persons and 10 unknown persons
surrounded the informant armed with rod, farsa, chaku, lathi-
danda and started hurling abuses and committing marpit with him.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
in the present case. He further submits that the allegation as
Patna High Court CR. MISC. No.4142 of 2026(2) dt.06-02-2026
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alleged in the F.I.R. is false and fabricated and the petitioner has
not committed any offence as alleged in the F.I.R. From perusal of
the F.I.R. it appears that there is specific allegation of assault is
against co-accused persons namely Arvind Kumar and Sonu
Kumar and the allegation is against co-accused person namely
Vishal Kumar that he has put the pistol upon the informant and
there is no specific allegation of any assault or overt act against the
petitioner in the F.I.R.
5. Learned APP for the State has opposed the prayer for
anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and there is
no specific allegation of any assault or overt act attributed against
the petitioner in the F.I.R., let the petitioner, above named, in the
event of his arrest or surrender before the court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-V,
Siwan in connection with Mairwa P.S. Case No. 439 of 2025,
subject to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and
with other following conditions :-
Patna High Court CR. MISC. No.4142 of 2026(2) dt.06-02-2026
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(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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