Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 302, 307, 323, 324, 325, 34, 341, 504
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
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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
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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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