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Patna High Court

Raju Alam @ RajuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted pre‑arrest bail to the petitioner, subject to a bond, sureties, and compliance with Section 482 of the B.N.S.

Summary

Petitioner Raju Alam sought pre‑arrest bail after a police case (PS‑Dighwara Case No. 253 of 2025) was filed alleging his involvement in a fight between the children of the parties, with charges under multiple sections of the Bihar Negotiable (Criminal) Act. He claimed innocence, asserting that the allegations were the result of village politics and that the assault charge was vague. The State opposed the bail, but the court noted that similarly situated co‑accused had already been granted bail in a related matter (Cr. Misc. No. 68648 of 2025). Considering the nature of the accusations, the petitioner’s clean antecedents, and the precedent, the court allowed pre‑arrest bail subject to a bond and sureties. The bail order was conditioned on compliance with Section 482 of the B.N.S. and required surrender within eight weeks if arrested.

Issues considered

  • What is the appropriateness of granting pre‑arrest bail to the petitioner under the circumstances?
  • Does the existence of similar bail orders in related cases influence the decision on this bail application?

Subjects

  • pre‑arrest bail
  • criminal procedure
  • Section 482
  • Bihar Negotiable Act
  • assault
  • village politics
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81423 of 2025
                       Arising Out of PS. Case No.-253 Year-2025 Thana- DIGHWARA District- Saran
                 ======================================================
                 Raju Alam @ Raju S/O Manjoor Alam Resident of Shankarpur Road
                 Dighwara, P.S- Dighwara, Distt.- Saran (Chapra).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramkishor Singh, Advocate
                 For the Opposite Party/s :       Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                    Heard learned counsel for the parties.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under sections 191(2), 191(3), 190,223,

                   126(2), 115(2),118(1),117(2), 118 (2), 109, 125(a), 125

                   (b),324(4) 352,351(2), 61 (2) of the B.N.S.

                                3 . As per prosecution case , on 30.06.2025 , dispute

                   between children of both parties led to marpit in which both

                   sides inflicted injuries on each other.

                                4. It is submitted on behalf of the petitioner that these

                   petitioner is innocent and has falsely been implicated in this

                   case due to dirty village politics. Dispute between children of

                   both parties led to free fight in which both sides sustained

                   injuries. Case and counter case . Allegation of assault is general

                   and omnibus in nature . Petitioner claims clean antecedent.
            Patna High Court CR. MISC. No.81423 of 2025(2) dt.09-02-2026
                                                        2/2




                      Similarly situated co-accused persons have already been granted

                      bail by this Hon’ble Court vide order dated 07.10.2025 in Cr.

                      Misc. No. 68648 of 2025 .

                                   5 . Learned counsel for the State opposes the prayer

                      for pre-arrest bail.

                                   6. Considering the nature of accusation, prayer for

                      bail of all these petitioner is allowed. In the event of

                      arrest/surrender within eight weeks from today, let these

                      petitioners, mentioned above, be enlarged on bail on furnishing

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

                      like amount each to the satisfaction of learned ACJM-I, Saran at

                      Chapra in connection with Dighwara Police Station Case No.

                      253 of 2025 , subject to the conditions laid down under section

                      482 of the B.N.S.S.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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