Patna High Court
Pallu Ray @ Raghuveer KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail as the allegations against him are vague and prima facie insufficient to deny bail.
Summary
The petitioner, a co‑villager, applied for pre‑arrest bail in a case registered under multiple sections of the Bihar Negotiable Statutes (BNS) for alleged ransom demand, robbery and assault. The petition argued that the allegations against him were vague and that the specific charge of threatening and demanding ransom pertained to a co‑accused, Monu Kumar. The State opposed the bail, but the court found the accusations against the petitioner to be non‑specific and general. Relying on Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNS, the court held that the petitioner was entitled to bail. The court ordered his release on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of his antecedent and any other pending cases. The bail application was disposed of with the order that the bail will lapse if the petitioner is found involved in other cases.
Issues considered
- Whether pre‑arrest bail can be granted when the allegations against the petitioner are non‑specific and general.
- Whether Section 438(2) Cr.P.C and Section 482(2) BNS empower the court to grant pre‑arrest bail in such circumstances.
- Whether the petitioner, being a co‑villager and not the primary accused of the ransom demand, is entitled to bail.
Legislation cited
Subjects
- pre‑arrest bail
- Section 438 Cr.P.C
- Section 482 BNS
- general allegations
- ransom demand
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90540 of 2025
Arising Out of PS. Case No.-184 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
Pallu Ray @ Raghuveer Kumar Son of Kamlu Ray Village -Chhet Bakhari
PO- Kalyanpur PS- Kalyanpur District -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar, Advocate.
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Kalyanpur P.S. Case No. 184 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 308(2),
308(3), 117(2), 303(2), 351 and 3(5) of the BNS.
3. Allegation is of demanding ransom of Rs.5,000/-
for allowing the informant to sell vegetable in the market. For
non-fulfillment of demand, the accused persons snatched
Rs.2700/- and a gold chain and had assaulted the informant
causing fracture in the jaw.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is the co-villager of the
informant and due to previous enmity, the petitioner has been
Patna High Court CR. MISC. No.90540 of 2025(2) dt.04-02-2026
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made accused in the present case. Specific allegation of
threatening and demanding ransom is against co-accused Monu
Kumar. In absence of any specific allegation against the
petitioner, learned counsel seeks that the petitioner be released
on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties and perused the F.I.R., the allegation levelled
against the petitioner is not specific rather general and omnibus
and specific allegation of threatening and demanding ransom is
against co-accused Monu Kumar, I find that the 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 arrest or surrender
before the Court below 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 CJM, Samastipur in connection with Kalyanpur P.S.
Case No. 184 of 2025, subject to the condition as laid down
under Section 438(2) Cr.P.C / 482(2) BNSS.
8. The District Court is directed to verify the criminal
Patna High Court CR. MISC. No.90540 of 2025(2) dt.04-02-2026
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antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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