Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioners subject to conditions under Section 482(2) of the BNSS, 2023.
Summary
Arun Kumar and Rajan Kumar were arrested in connection with a case registered under Sections 126(2), 115(2) and 109 of the Bihar Negotiable Substances Act, 2023, for allegedly assaulting an informant with a rod and causing head injuries. The petitioners claimed they were falsely implicated due to a land dispute and that the injuries were simple. They applied for pre‑arrest bail, arguing innocence and lack of serious harm. The State opposed the bail on the ground of the alleged offences. The Court, after noting the simplicity of the injuries and the petitioners' claim of false implication, directed that they 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 BNSS, 2023 and verification of any prior criminal antecedents. The order will lapse if the petitioners are found to have other pending cases.
Issues considered
- Whether pre‑arrest bail should be granted in a case of alleged assault causing simple injuries under Sections 126(2), 115(2) and 109 of BNS, 2023.
- Whether the claim of false implication due to a land dispute affects the bail decision.
Subjects
- pre‑arrest bail
- assault
- simple injury
- false implication
- land dispute
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89267 of 2025
Arising Out of PS. Case No.-381 Year-2025 Thana- DARAUNDA District- Siwan
======================================================
1. Arun Kumar S/o Shiv Kumar @ Shiv Kumar Prasad
2. Rajan Kumar @ Rajat Kumar S/o Gurdayal Prasad
Both residents of Village - Sirsaon, P.S - Daraunda, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel appearing on behalf of the peti-
tioner and the learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with
Daraunda P.S.Case No.381 of 2025, registered for the offences
punishable under Sections 126(2), 115(2) and 109 of BNS,
2023.
3. As per the allegation made in the FIR, the petitioner
assaulted the informant with a rod, causing him injuries at his
head.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
been falsely implicated in the present case due to land dispute.
Learned counsel further submitted that the injuries have been
opined to be simple in nature. The same has also been discussed
Patna High Court CR. MISC. No.89267 of 2025(2) dt.28-01-2026
2/2
in the impugned order.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on
behalf of the parties, as well as, considering the fact that the in-
juries are simple in nature, the petitioner is directed to be re-
leased on pre-arrest bail, in the event of his arrest or surrender
before the learned district court within a period of four weeks
from today, on furnishing bail bond of Rs.10,000/- (Ten Thou-
sand) with two sureties of the like amount each to the satisfac-
tion of learned ACJM VI, Siwan/concerned court, in connection
with Daraunda P.S.Case No.381 of 2025, subject to conditions
as laid down under Section 482(2) of BNSS of 2023
7. The learned district court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases as what has been
stated in paragraph No.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
chn/-
U T
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