Created by Fuzzy Cloud

Patna High Court

Jagar Nath RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.