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Patna High Court

Md. RajaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner, having a clean antecedent and establishing a prima facie case, is entitled to pre‑arrest bail.

Summary

The petitioner, Md. Raja, applied for pre‑arrest bail in a case registered under Sections 115(2), 126(2), 109, 352, 351(2), 3(5) of the Bihar Non‑Compulsory Statutes and Section 27 of the Arms Act. The FIR alleges that Raja and his uncle Md. Kajim abused persons performing Namaj and subsequently fired four rounds at an informant. The petitioner argued that his uncle had already been granted pre‑arrest bail in a similar case and that Raja has a clean criminal antecedent. The State opposed the bail on the seriousness of the offences. The Court, noting the clean antecedent, the prima facie nature of the case and the precedent of bail to the co‑accused, ordered that Raja be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of his antecedent by the District Court and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite the serious charges under the BNS and the Arms Act.
  • Whether the clean antecedent and the grant of bail to a co‑accused establish a prima facie case for bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • criminal procedure
  • Arms Act
  • clean antecedent
  • Section 482(2) of BNSS
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90726 of 2025
                   Arising Out of PS. Case No.-320 Year-2024 Thana- BIHARIGANJ District- Madhepura
                 ======================================================
                 Md. Raja Son of Md. Jakir R/o village - Koriya Rahi, Ward No.- 07, P.S.-
                 Bihariganj, District - Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pawan Kumar, Advocate
                 For the Opposite Party/s :       Mr.Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   04-02-2026                    Heard Mr. Pawan Kumar, learned counsel appearing

                   on behalf of the petitioner and Mr. Jitendra Kumar Singh,

                   learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Bihariganj P.S. Case No. 320/2024 registered for the

                   offence(s)                 punishable             under               Sections

                   115(2),126(2),109,352,351(2),3(5) of the BNS and Section 27 of

                   the Arms Act.

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

                   arose when the petitioner along with Md. Kajim (uncle of the

                   petitioner) started abusing the persons who were going to

                   perform Namaj and when the informant opposed them, then

                   both made four rounds firing.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.90726 of 2025(2) dt.04-02-2026
                                            2/3




          petitioner submitted that for similar allegation, co-accused Md.

          Kajim (uncle of the petitioner) has already been granted pre-

          arrest bail by a co-ordinate Bench of this Court vide order dated

          07.05.2025 passed in Cr. Misc. No.27812 of 2025. Petitioner

          cannot be held responsible for assaulting or firing upon the

          informant. Petitioner has clean antecedent. On these grounds,

          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 heard the rival submissions made on behalf

          of the parties, as well, having perused the allegation made in the

          FIR and also the fact that similarly situated co-accused has

          already been granted pre-arrest bail by a co-ordinate Bench of

          this Court,      I am of the opinion that petitioner, who is having

          clean antecedent,         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 learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction     of    learned      SDJM,       Udakishunganj,   District,
           Patna High Court CR. MISC. No.90726 of 2025(2) dt.04-02-2026
                                                       3/3




                     Madhepura / Concerned Court in connection with Bihariganj

                     P.S. Case No. 320/2024, subject to the conditions as laid down

                     under Section 482(2) of the BNSS.

                                  8. 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)
Sanjay/-

U      T


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