Patna High Court

ARJUN PATELversusThe State of Bihar

Decided: 16 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that regular bail was warranted and ordered the petitioner’s release on bail.

Summary

The petitioner, Arjun Patel, sought regular bail in a case registered under IPC sections 341, 323, 307, 504 and 506/34, alleging that he was falsely implicated. The prosecution alleged that Patel assaulted the informant’s son with a knife blow to the abdomen and kidney after demanding payment of arrears. The petitioner claimed innocence, asserted a counter‑version that the act was in private defence, and highlighted that no prosecution witnesses had been examined and he had no prior criminal record. The State opposed bail. Considering the lack of examined witnesses, the petitioner’s clean antecedent, and the private‑defence claim, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail should be granted to the petitioner pending trial for offences under IPC sections 341, 323, 307, 504 and 506/34
Whether the petitioner’s claim of private defence and the absence of examined prosecution witnesses justify bail

Legislation cited

Indian Penal Code — s. 307, 323, 34, 341, 504, 506

Subjects

bail
IPC
private defence
judicial custody
sections 341
section 323
section 307
section 504
section 506
section 34
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79865 of 2025
                       Arising Out of PS. Case No.-105 Year-2024 Thana- RASULPUR District- Saran
                 ======================================================
                 ARJUN PATEL S/o LATE JAGARNATH PATEL R/o Village- Charwan, P.S-
                 Rusulpur, Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Noumaan Ahmad, Advocate
                                                  Mr. Brajesh Sahay, Advocate
                                                  Mrs. Vandana Rani, Advocate
                                                  Mrs. Rupa Sinha, Advocate
                                                  Md. A.D. Siddquie, Advocate
                 For the Opposite Party/s :       Mr.Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   16-01-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 341, 323,

                   307, 504 and 506/34 of the Indian Penal Code.

                                 3. The case of the prosecution is that the son of the

                   informant had gone to fetch vegetables. On the way, the

                   petitioner allegedly demanded payment of his arrears from the

                   son of the informant to which he replied that the same would be

                   paid on the next day. It is further alleged that upon this,

                   petitioner assaulted the informant’s son by giving a ‘knife’ blow

                   on his abdomen and thereafter, inflicted another ‘knife’ blow on
Patna High Court CR. MISC. No.79865 of 2025(3) dt.16-01-2026
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          his kidney.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted that

          there is a counter version of this case wherein it has been

          alleged that rangdari was demanded and that the alleged overt

          act was committed in exerices of the petitioner’s right of private

          defence. It is further submitted that earlier prayer for bail of the

          petitioner was rejected vide order dated 17.03.2025 with an

          observation that the petitioner will be at liberty to renew his

          prayer for bail after six months, if the trial is not concluded. It is

          further submitted that vide order dated 21.11.2025, a report was

          called for by this court and the same has since been received.

          On perusal of the said report, it transpires that till date none of

          the prosecution witnesses have been examined. Moreover, the

          petitioner is languishing in judicial custody since 27.06.2024

          having no criminal antecedent.

                       5. Learned APP appearing for the state has opposed

          the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on
            Patna High Court CR. MISC. No.79865 of 2025(3) dt.16-01-2026
                                                        3/3




                      bail in connection with Rasulpur P.S. Case No. 105 of 2024 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Additional District Judge XIV Saran at Chapra.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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