Patna High Court
Ajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Pre‑arrest bail may be granted where the petitioner shows no participation and a clean antecedent, but must be denied where the petitioner’s alleged conduct indicates a direct role in a serious offence.
Summary
The Patna High Court considered two pre‑arrest bail applications arising from the same FIR under sections 103(1) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS). In the first application (Cr. Misc. No.86199), the petitioner asserted innocence, a clean antecedent and no participation in the alleged murder of a brother‑informant, seeking bail. The State opposed bail, but the Court noted the petitioner’s lack of involvement and clean record, and granted bail on a Rs.10,000 bond with two sureties, subject to Section 482(2) of BNS. In the second application (Cr. Misc. No.87950), the petitioner was alleged to have called the deceased and thereby precipitated the assault that led to the death, indicating a more direct role. Given the seriousness of the accusation and the gravity of the offence, the Court rejected the bail petition. Thus, bail was granted in the first case and denied in the second, reflecting the Court’s assessment of individual culpability and risk of tampering with evidence.
Issues considered
- Whether the petitioner in Cr. Misc. No.86199 is entitled to pre‑arrest bail under Section 482(2) of the BNS given his claim of innocence and clean antecedent.
- Whether the petitioner in Cr. Misc. No.87950 should be denied pre‑arrest bail due to alleged participation in the incident and the seriousness of the offence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 3(5), 482(2)
Subjects
- pre‑arrest bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- section 103
- section 3
- section 482
- high court
- clean antecedent
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86199 of 2025
Arising Out of PS. Case No.-122 Year-2025 Thana- Panapur District- Muzaffarpur
======================================================
Jagarnath Sah @ Jagannath Sah S/o Ram Sewak Sah Resident of Village-
Mithanpura, P.S.- Panapur Kariyat, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 87950 of 2025
Arising Out of PS. Case No.-122 Year-2025 Thana- Panapur District- Muzaffarpur
======================================================
Ajeet Kumar Son of Late Birendra Sah @ Birendra Kumar Sah Resident of
Village - Mithanpura, P.S.- Panapur Kariyat, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 86199 of 2025)
For the Petitioner/s : Mr. Hari Kishore Thakur , Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal , APP
For informant : Mr. Jitendra Kumar Giri , Advocate
(In CRIMINAL MISCELLANEOUS No. 87950 of 2025)
For the Petitioner/s : Ms. Nitu Kumari , Advocate
For the Opposite Party/s : Mr. Binod Kumar , APP
For informant : Mr. Kishore saurabh, Advocate
Mr. Manish Kumar , Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 12-02-2026 Re:- Cr. Misc. No. 86199 of 2025
Heard learned counsel for the petitioner and the
Patna High Court CR. MISC. No.86199 of 2025(3) dt.12-02-2026
2/3
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 103 (1) and 3 (5) of
BNS.
3 . As per F.I.R. brother informant informant was
killed by accused persons, on account of some money dispute .
4. It is submitted on behalf of the petitioner that
petitioner is innocent and has committed no offence as alleged.
Specific accusation is against other co-accused persons. There is
absolutely no allegation that this petitioner either participated in
the alleged occurrence or assaulted the deceased. Petitioner
claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named 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 the learned JM 1st Class
Muzaffarpur East in connection with Panapur Kariyat P.S. Case
No. 122 of 2025 , subject to the conditions laid down under
Patna High Court CR. MISC. No.86199 of 2025(3) dt.12-02-2026
3/3
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ,
2023 .
Re:- Cr. Misc. No. 87950 of 2025
Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 103 (1) and 3 (5) of
BNS.
3 . As per F.I.R. it was this petitioner who called the
deceased and thereafter accused persons assaulted him, as a
result of which brother informant ( deceased ) died.
4. Considering the seriousness and nature of
accusation and gravity of offence , prayer for pre – arrest bail of
petitioner is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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