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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court directed that the petitioner be released on anticipatory bail, subject to bond and surety conditions, if arrested within four weeks.

Summary

Raja Kumar petitioned the Patna High Court seeking pre‑arrest (anticipatory) bail in connection with Minapur P.S. Case No. 507 of 2023, which alleged his involvement in offences under Sections 341, 324, 323, 325, 307, 302, 504 and 34 of the IPC. He claimed he was falsely implicated due to a personal enmity and that the specific assault allegations pertained to co‑accused Shyam Kumar and Anil Kumar, who had already been granted anticipatory bail. The State opposed the relief. The Court, after considering the submissions, held that the petitioner could be released on anticipatory bail if arrested, subject to a bail bond of Rs 10,000 with two sureties and verification of his criminal antecedents. The order was made under Section 482 of the CrPC and is conditioned on the petitioner’s surrender within four weeks.

Issues considered

  • Whether the petitioner is entitled to anticipatory (pre‑arrest) bail under Section 438 of the CrPC despite the serious IPC charges.
  • Whether the alleged false implication and lack of prior criminal record justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • pre‑arrest bail
  • false implication
  • IPC offences
  • Section 438 CrPC
  • Section 482 CrPC
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89955 of 2025
                    Arising Out of PS. Case No.-507 Year-2023 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Raja Kumar S/o- Ganesh Ram Village- Bahawal Bahbal Bazar PS- Minapur
                 District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   15-01-2026                           Heard Mr. Rajeev Ranjan, learned counsel

                   appearing on behalf of the petitioner and Mr. Ram Sevak

                   Choudhary, learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Minapur P.S. Case No. 507 of 2023 registered under

                   Sections 341, 324, 323, 325, 307, 302, 504 and 34 of the Indian

                   Penal Code.

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

                   along with other accused assaulted the informant and his father.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   falsely been implicated in the present case due to previous

                   enimity. The Petitioner have no manner of concern with the

                   alleged occurrence as at the relevent time, he was outside
Patna High Court CR. MISC. No.89955 of 2025(2) dt.15-01-2026
                                            2/3




          earning his livelihood. Learned counsel further submitted that

          specific allegation of assault is against co-accused Shyam

          Kumar and Anil Kumar and the other co-accused have been

          granted anticipatory bail by this Court vide order dated

          31.07.2024 passed in Cr. Misc. No.34932 of 2024.               The

          petitioner has clean antecedent. On these grounds, the 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. Having considered the rival submissions made on

          behalf of the parties, as well as, the fact that the Petitioner has

          falsely been implicated in the present case due to previous

          enimity and the specific allegation of assault is against co-

          accused Shyam Kumar and Anil Kumar and other co-accused

          have been granted anticipatory bail by this Court vide order

          dated 31.07.2024 passed in Cr. Misc. No.34932 of 2024, the

          learned District Court is directed to release the petitioner on

          anticipatory 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 thousand)

          with two sureties of the like amount each, to the satisfaction of

          learned District Court where the case is pending in connection
           Patna High Court CR. MISC. No.89955 of 2025(2) dt.15-01-2026
                                                       3/3




                     with Minapur P.S. Case No. 507 of 2023, subject to the

                     condition as laid down under Section 482 of the BNSS//438(2)

                     of the Cr.P.C.

                                  7. 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)
Ashishsingh/-

U      T


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