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Patna High Court

Parmeshwar RaiversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Petitioners 1‑3 are granted pre‑arrest bail, while petitioner 4 is denied bail.

Summary

The petitioners, four residents of Saran district, applied for pre‑arrest bail in a 2017 case (Garkha PS Case No.455) involving offences under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the IPC. The FIR alleges that petitioners 1‑3 assaulted the informant with a common intention to kill, while petitioner 4, along with co‑accused, allegedly killed the informant’s uncle. The trial court had added the petitioners as accused under Section 319 CrPC. The petitioners argued lack of specific incriminating material and a high likelihood of acquittal, seeking bail; the informant opposed bail citing seriousness and risk of evidence tampering. The High Court, applying principles of presumption of innocence and balancing factors from Supreme Court precedents, found the allegations against petitioners 1‑3 to be general and without specific overt acts, and therefore granted them pre‑arrest bail with conditions. However, due to the gravity of the allegation against petitioner 4, the Court denied him bail. The bail application was disposed with these directions.

Issues considered

  • Whether pre‑arrest bail should be granted to petitioners 1‑3 under Section 319 CrPC pending trial.
  • Whether bail should be denied to petitioner 4 given the alleged homicide.
  • Whether the delay of nearly one year in filing the bail application warrants denial.

Legislation cited

Subjects

  • pre‑arrest bail
  • Section 319 CrPC
  • presumption of innocence
  • bail jurisprudence
  • IPC offences
  • delay in bail application
  • evidence tampering
  • homicide
  • anticipatory bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.670 of 2026
                        Arising Out of PS. Case No.-455 Year-2017 Thana- GARKHA District- Saran
                 ======================================================
           1.     Parmeshwar Rai Son of Ram Shakal Rai
           2.    Jitendra Rai Son of Rajnath Rai
           3.    Sunil Rail Son of Parmeshwar Rai
           4.    Surendra Rai Son of Gaya Rai
                 All resident of Village - Tahal Tola, P.S. - Garkha, District - Saran at Chapra.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Krishna Prasad Singh, Sr. Advocate
                                                  Mr.Avinash Kumar Pandey, Advocate
                                                  Mr.Aashish Kumar, Advocate
                 For the Informant        :       Mr.Kumar Harshvardhan, Advocate
                                                  Mr.Anamika Anshu, Advocate
                                                  Mr.Rajnikant, Advocate
                 For the Opposite Party/s :       Mr.Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   06-04-2026                   Heard Mr. Krishna Prasad Singh, Learned Senior

                   Advocate along with Mr. Avinash Kumar Pandey and Mr.

                   Aashish Kumar, learned counsels appearing on behalf of the

                   petitioners, Mr. Kumar Harshvardhan, Ms. Anamika Anshu and

                   Mr. Rajnikant, learned counsels for the informant and Mr.Ajit

                   Kumar, learned APP for the State.

                                 2. Petitioner seeks pre-arrest bail in connection with

                   Garkha P.S.Case No.455 of 2017 registered for the offences

                   punishable under Sections 147, 148, 149, 341, 323, 324, 307,

                   379 and 504 of the IPC.
Patna High Court CR. MISC. No.670 of 2026(3) dt.06-04-2026
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                       3. As per the allegations made in the FIR, the

          petitioners along with other co-accused persons with a common

          intention to kill assaulted the informant and his other family

          members, during which the uncle of the informant died on the

          spot.

                       4. Learned Senior Advocate appearing on behalf of

          the petitioners submitted that upon completion of investigation,

          the charge-sheet was submitted only against seven accused

          persons and in absence of any incriminating material, no charge-

          sheet was filed against the present petitioners. It was further

          submitted that during the course of trial, a petition under Section

          319 of the Cr.P.C. was filed on behalf of the prosecution and

          vide order dated 03.03.2025, the learned trial court summoned

          the petitioners as additional accused persons.

                       5. Learned Senior Advocate submitted that although

          the said order has not been challenged before this Court, the

          petitioners are innocent and there is no material on record to

          establish their complicity. It was further contended that while

          invoking jurisdiction under Section 319 Cr.P.C., the learned trial

          court did not arrive at the requisite degree of satisfaction and

          there is every likelihood that the petitioners may not ultimately

          be convicted.
Patna High Court CR. MISC. No.670 of 2026(3) dt.06-04-2026
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                       6. Learned Senior Counsel further submitted that in

          absence of cogent evidence, there is a strong likelihood of

          acquittal of the petitioners and thus the petitioners deserve to be

          released on pre-arrest bail.

                       7. Learned counsel referring to the FIR submitted that

          there are general allegations against petitioner nos. 1, 2 and 3 of

          assault upon the informant, who is an eye-witness. Petitioner no.

          4 along with other co-accused persons, namely Umesh Rai,

          Shriram Rai and Guddu Kumar, assaulted the uncle of the

          informant, who died on the spot. Learned counsel further

          submitted that the injuries sustained by the informant are simple

          in nature and not corroborated by any strong supporting

          evidence. Learned counsel also submitted that due to

          inadvertence, certain pleadings could not be properly placed on

          record by the Advocate-on-record, however, even considering

          the materials available during trial, petitioner nos. 1, 2, and 3

          have a fair chance of acquittal.

                       8. Learned Senior Counsel also submitted that even in

          serious offences under Section 302 of the IPC, the petitioners

          fall within the exceptions carved out by the Hon’ble Supreme

          Court for grant of anticipatory bail. The learned counsel has also

          undertaken on behalf of the petitioner that the petitioners will
Patna High Court CR. MISC. No.670 of 2026(3) dt.06-04-2026
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          abide by the conditions imposed by this Court

                       9. Per contra, learned counsel appearing on behalf of

          the informant submitted that a bare perusal of the FIR clearly

          discloses that the petitioners with a common intention to kill

          assaulted the informant and his other family members, resulting

          into death of the informant’s uncle. It is further submitted that

          the case is of the year 2017 and the learned trial court has taken

          note of the fact that the petitioners had influenced the

          Investigating Officer and tampered with the evidence. Learned

          counsel also submitted that there is every likelihood of further

          tampering with evidence if the petitioners are granted

          anticipatory bail. Hence, they do not deserve to be released on

          pre-arrest bail.

                       10. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the FIR, case

          diary and order dated 03.03.2025, this Court finds that the

          informant is an eye-witness, who has specifically alleged that

          petitioner nos. 1, 2, and 3 assaulted him and as per the medical

          evidence, the injuries sustained by the informant are simple in

          nature. The present application has been filed after considerable

          delay of nearly one year, for which no satisfactory explanation

          has been given. Learned counsel fairly submitted that he is
Patna High Court CR. MISC. No.670 of 2026(3) dt.06-04-2026
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          unable to justify the delay, though he reiterated that bail is the

          rule and jail is the exception.

                       11. The Apex Court in Criminal Appeal No. 227 of

          2018, Dataram Singh vs. State of Uttar Pradesh & Anr decided

          on 06.02.2018 has held as under:

                                      “1. A fundamental postulate of criminal
                          jurisprudence is the presumption of innocence, meaning
                          thereby that a person is believed to be innocent until
                          found guilty. However, there are instances in our criminal
                          law where a reverse onus has been placed on an accused
                          with regard to some specific offences but that is another
                          matter and does not detract from the fundamental
                          postulate in respect of other offences. Yet another
                          important facet of our criminal jurisprudence is that the
                          grant of bail is the general rule and putting a person in
                          jail or in a prison or in a correction home (whichever
                          expression one may wish to use) is an exception”.

                       12. The Apex Court in Manno Lal Jaiswal Vs the

          State of Uttar Pradesh & Anr (Criminal Appeal No. 97 of

          2022) has observed that while granting bail, the relevant

          considerations are (i) nature of seriousness of the offence; (ii)

          character of the evidence and circumstances which are peculiar

          to the accused; and (iii) likelihood of the accused fleeing from

          justice; (iv) the impact that his release may make on the

          prosecution witnesses, its impact on the society; and (v)

          likelihood of his tampering.

                       13. It is well settled that gravity alone cannot be a

          decisive ground to deny bail, rather competing factors are
Patna High Court CR. MISC. No.670 of 2026(3) dt.06-04-2026
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          required to be balanced by the Court while exercising its

          jurisdiction. “A person is believed to be innocent until found

          guilty”.

                       14. It appears that petitioner nos. 1, 2, and 3 are

          alleged to have participated in the occurrence. However, no

          specific overt act has been attributed to them. The allegations

          against these petitioners are general and omnibus in nature.

          Accordingly, petitioner nos. 1, 2, and 3 are directed to be

          released on pre-arrest bail, in the event of their arrest or

          surrender before the learned District Court within a period of

          four weeks from today, upon furnishing bail bonds of ₹10,000/-

          (Rupees Ten Thousand) each, with two sureties of the like

          amount each, to the satisfaction of the learned A.D.J.-IX, Saran

          at Chapra, or the concerned court, in connection with Garkha

          P.S. Case No. 455 of 2017, subject to the conditions laid down

          under Section 482(2) of the BNSS, 2023.



                       15. The learned court below is directed to verify the

          criminal antecedents of the petitioners and in case it is found

          that they are involved in any other criminal case(s), as stated in

          paragraph 3 of the bail application, this order shall automatically

          stand cancelled.
            Patna High Court CR. MISC. No.670 of 2026(3) dt.06-04-2026
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                                   16. So far as petitioner no. 4 is concerned, there is a

                      specific and direct allegation that he along with other co-

                      accused persons assaulted the uncle of the informant with an

                      intention to kill him and he died on the spot. Out of those co-

                      accused, four        have already been convicted. In view of the

                      gravity of the allegation, this Court is not inclined to grant pre-

                      arrest bail to the petitioner no. 4.

                                   17. With the aforesaid observations and directions, the

                      present bail application stands disposed of.



                                                 (Purnendu Singh, J)
chn/-

U       T


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