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Patna High Court

Rajesh Kumar Ranjan @ Rajesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered his release on bail subject to Section 482(2) conditions.

Summary

Petitioner Rajesh Kumar Ranjan was charged under several sections of the BNS for allegedly assaulting an informant with an iron rod during a fight. He claimed the incident arose from a personal enmity and that he acted in self‑defence without intent to cause serious injury. The State opposed his request for pre‑arrest bail. The court examined the allegations, noted the claim of self‑defence and lack of clear intent, and found a prima facie case for bail. Accordingly, the court ordered his release on pre‑arrest bail, subject to a Rs.10,000 bond, two sureties, and compliance with Section 482(2) of the BNSS, with a direction to verify any pending criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the offences alleged.
  • Whether the circumstances of self‑defence and lack of intent justify granting bail under Section 482(2).

Legislation cited

  • BNS — s. 109, 115(2), 126(2), 303(2), 324(3), 3(5)
  • BNSS — s. 482(2)

Subjects

  • pre‑arrest bail
  • self‑defence
  • assault
  • Section 482
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86759 of 2025
                    Arising Out of PS. Case No.-100 Year-2025 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Rajesh Kumar Ranjan @ Rajesh Yadav, son of Ramadhar Singh, Resident of
                 Bashishthpuri, New Police Line Ara, P.S - Nawada Dist- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nawal Kishor Prasad, Advocate
                 For the Opposite Party/s :      Mr. Ajit Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   09-04-2026                     Heard Mr. Nawal Kishor Prasad, learned counsel

                   appearing on behalf of the petitioner and Mr. Ajit Kumar,

                   learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Ara Nawada P.S. Case No. 100 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 109, 303(2),

                   324(3) and 3(5) of the BNS.

                                3. As per the allegation made in the FIR, petitioner

                   along with other co-accused persons, had forcibly entered into

                   the shop of the informant and they had assaulted the informant

                   and one Shyam Nandan causing injuries to them. Specific

                   allegation against the petitioner is that he had assaulted the

                   informant by means of iron rod causing head injury to him.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.86759 of 2025(5) dt.09-04-2026
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          petitioner submitted that petitioner is innocent and he has falsely

          been implicated in the present case. Due to enmity, the

          petitioner has been made accused in the present case. Both the

          parties were indulged into free fight and the petitioner, in his

          self defence, may have caused injury to the persons of the

          informant, without intention. On these 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. Considering the rival submissions made on behalf

          of the parties, as well as, the fact that due to enmity, the

          petitioner has been made accused in the present case. Both the

          parties were indulged into free fight and the petitioner, in his

          self defence, may have caused injury to the persons of the

          informant, without intention. I am of the opinion that petitioner

          has, prima facie, made out a case to be released on pre-arrest

          bail.

                       7. 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
              Patna High Court CR. MISC. No.86759 of 2025(5) dt.09-04-2026
                                                          3/3




                        each to the satisfaction of the learned District Court where the

                        case is pending, in connection with Ara Nawada P.S. Case No.

                        100 of 2025, subject to the condition as laid down under Section

                        482(2) of the BNSS.

                                     8. 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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