Patna High Court
Jagar Nath RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioner, subject to conditions under Section 482(2) of the CrPC.
Summary
Jagar Nath Rai was accused in Bheldi Police Station Case No. 205 of 2025 for assaulting an informant and her son, causing simple head injuries, under several sections of the Indian Penal Code. The petitioner claimed innocence and argued that the injuries were minor, seeking pre‑arrest bail. The State opposed the bail application. The Court examined the FIR, the nature of the injuries, and the seriousness of the offences, concluding that the injuries were simple and there was no immediate risk of tampering with evidence. Accordingly, the Court ordered that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Criminal Procedure Code and verification of any prior criminal antecedents. The order also stipulated that the bail would lapse automatically if any other pending case is discovered.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving multiple IPC offences including assault and grievous hurt.
- Whether the nature of the injuries and the seriousness of the offences justify denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- pre‑arrest bail
- assault
- Indian Penal Code
- Section 482 CrPC
- simple injury
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7247 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- BHELDI District- Saran
======================================================
Jagar Nath Rai, aged about 55 years, Male, Son of Late Mahadeo Ray, R/o
Village - Pojhi, P.S.- Dariyapur, District - Saran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Nath Ojha, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 22-04-2026 Heard Mr. Gajendra Nath Ojha, learned counsel
appearing on behalf of the petitioner and Mr. Nagendra Prasad,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bheldi P.S. Case No. 205 of 2025, registered for the
offence punishable under Sections 126(2), 115(2), 118(1), 109,
303(2), 352, 351(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, petitioner
along with other accused persons had allegedly assaulted the
informant and her son causing injury on the head of the
informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. He further submitted that
the injuries sustained by the injured is simple in nature. On these
Patna High Court CR. MISC. No.7247 of 2026(3) dt.22-04-2026
2/2
grounds, 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 heard the rival submissions made on behalf
of the parties, as well as, having perused the allegations made in
the FIR and the injuries sustained by the injured are simple in
nature, the petitioner, above named, is directed to be released on
pre-arrest bail, in the event of his/her 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
satisfaction of the learned District Court where the case is
pending, in connection with Bheldi P.S. Case No. 205 of 2025,
subject to the condition as laid down under Section 482(2) of
the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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