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Patna High Court

Akhilesh KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Petitioners 1 and 3 were granted pre‑arrest bail, while petitioners 2 and 4 were denied bail.

Summary

The petitioners applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 351(2), 352 of the BNS and Section 27 of the Arms Act, alleging that they were falsely implicated after an encroachment drive during which they were said to have attacked an informant with a firearm and sharp weapons. The petitioners claimed innocence, clean antecedents, and that they were agnates of the informant, asserting that only petitioners 2 and 4 faced specific allegations while 1 and 3 faced only general allegations. The State opposed the bail. The Court held that, on a prima facie basis, petitioners 1 and 3 were entitled to pre‑arrest bail subject to a bond and verification of their antecedents, but denied bail to petitioners 2 and 4 due to the specific allegations against them. The Court directed the District Court to verify the criminal records of petitioners 1 and 3 and stipulated that the bail order would lapse if adverse antecedents were found. The application was disposed of, granting bail to petitioners 1 and 3 and refusing it to 2 and 4.

Issues considered

  • Whether the petitioners are entitled to pre‑arrest bail under Sections 126(2), 115(2), 351(2), 352 of the BNS and Section 27 of the Arms Act
  • Whether the presence of specific allegations against certain accused precludes the grant of pre‑arrest bail
  • Whether a clean criminal antecedent suffices for the grant of pre‑arrest bail

Legislation cited

Subjects

  • pre‑arrest bail
  • clean antecedent
  • specific allegation
  • Arms Act
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91241 of 2025
                        Arising Out of PS. Case No.-158 Year-2025 Thana- RAJAON District- Banka
                 ======================================================
           1.     Akhilesh Kumar S/o- Suvash Yadav @ Subhash Yadav R/O Village- Malti
                  PS- Rajan District- Banka
           2.    Pintu Kumar S/o- Suvas Yadav @ Subhash Yadav R/O Village- Malti PS-
                 Rajan District- Bank
           3.    Suvas Yadav @ Subhash Yadav S/o- Upendra Yadav R/O Village- Malti PS-
                 Rajan District- Banka
           4.    Upendra Yadav S/o- Late Mahavir Yadav R/O Village- Malti PS- Rajan
                 District- Banka

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

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

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

                   appearing on behalf of the petitioners and Mr. Anuj Kumar

                   Shrivastava, learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Rajaun P.S. Case No. 158/2025 registered for the

                   offence(s) punishable under Sections 126(2), 115(2), 351(2),

                   352 of the BNS and Section 27 of the Arms Act.

                                3. As per the allegation made in the FIR, after an

                   encroachment drive, the petitioners abused and attacked the

                   informant with a firearm and sharp weapons, causing injuries to
Patna High Court CR. MISC. No.91241 of 2025(2) dt.04-02-2026
                                            2/3




          him and his family.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners submitted that the

          petitioners are innocent and they have falsely been implicated in

          the present case. The petitioners and the informant are agnates.

          There is general and omnibus allegation leveled against the

          petitioner nos. 1 and 3, however, specific allegation is against

          the petitioner nos. 2 and 4. The petitioners have clean

          antecedent. On these grounds, the petitioners seek 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, having perused the allegation

          made in the FIR, there is general and omnibus allegation leveled

          against the petitioner nos. 1 and 3, I am of the opinion that

          petitioner nos. 1 and 3, having clean antecedent, have, prima

          facie, made out a case to be released on pre-arrest bail.

                       7. The petitioner nos. 1 and 3, above named, are

          directed to be released on pre-arrest bail, in the event of their

          arrest or surrender before the learned District Court within a

          period of four weeks from today, on furnishing bail bond of Rs.
           Patna High Court CR. MISC. No.91241 of 2025(2) dt.04-02-2026
                                                       3/3




                     10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of learned District Court where

                     the case is pending / Concerned Court in connection with

                     Rajaun P.S. Case No. 158/2025, 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 nos. 1 and 3 and if

                     it is found that the petitioners nos. 1 and 3 are 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.

                                  9. So far as, the petitioner nos. 2 and 4 are concerned,

                     considering the direct allegation against them, I am not inclined

                     to enlarge the petitioner nos.2 and 4 on pre-arrest bail.

                                  10. Accordingly, the present application stands

                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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