Patna High Court

NIRAJ KUMARversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL REJECTED
Bench: PURNENDU SINGH

Holding

The Court held that pre‑arrest bail cannot be granted where the allegations involve serious violent offences such as stabbing multiple persons.

Summary

The petitioner, Niraj Kumar, was arrested in connection with a FIR alleging that he stabbed three persons, including the informant’s son, causing injuries. He filed a pre‑arrest bail application before the Patna High Court seeking release pending investigation. The offences alleged fall under Sections 190, 191(2), 191(3), 126(2), 115(2), 118, 109(1) and 352 of the Bihar Penal Code. The Court examined the seriousness of the allegations, noting the violent nature of the acts and the multiple victims. Considering the gravity of the charges, the Court was not inclined to grant bail. Consequently, the application for pre‑arrest bail was dismissed.

Issues considered

Whether pre‑arrest bail should be granted in a case involving alleged stabbing of three persons under the specified sections of the Bihar Penal Code.

Subjects

pre‑arrest bail
Bihar Penal Code
Sections 190,191,126,115,118,109,352
violent offence
stabbing
High Court of Patna
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.57871 of 2025
                    Arising Out of PS. Case No.-104 Year-2025 Thana- Jagdishpur District- West Champaran
                  ======================================================
                  Niraj Kumar S/o- Sipahi Prasad @ Manoj Prasad Village- Hardia Ps- Bettiah
                  Muffasil Dist- West Champaran
                                                                            ... ... Petitioner/s
                                                   Versus
                  The State of Bihar
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Ashok Kumar Gupta, Advocate
                  For the Opposite Party/s :        Mr. Ashok Kumar Singh, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

3    11-02-2026                     Heard Mr. Ashok Kumar Gupta, learned counsel

                    appearing on behalf of the petitioner and Mr. Ashok Kumar

                    Singh, learned A.P.P. for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                    with Jagdishpur P.S. Case No. 104 / 2025 registered for the

                    offence(s) punishable under Sections 190, 191(2), 191(3),

                    126(2), 115(2), 118, 109(1) and 352 of the BNS.

                                 3. Considering the nature of allegation made against

                    the petitioner in the FIR, who has stabbed three persons

                    including the son of the informant by means of knife on

                    different parts of body causing injury, I am not inclined to

                    enlarge him on pre-arrest bail.

                                 4. Accordingly, the present application stands

                    dismissed.


                                                      (Purnendu Singh, J)
Niraj/-
U       T

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