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2025 Supreme(Online)(Pat) 3929

PATNA HIGH COURT
PURBENDU SINGH, J
Manoj Rai – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.81944 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Asif Kalim
For the Respondents: Mr.Awadhesh Kumar Singh

The court granted pre-arrest bail considering the petitioners' clean antecedents and the nature of the allegations.

Headnote:The petitioners sought pre-arrest bail in connection to Piprakothi P.S. Case No. 257 of 2025 registered under multiple sections of the BNS following allegations of assault. The court noted that both sides involved in a land dispute had altercations leading to injuries. It found that the petitioners, having clean antecedents, made out a prima facie case for bail; thus, pre-arrest bail was granted under specified conditions. The court directed criminal antecedent verification, establishing that bail would be annulled based on findings.

2 24-12-2025 Heard Mr. Asif Kalim, learned counsel appearing on behalf of the petitioner and Mr. Awadhesh Kumar Singh, learned APP for the State.

2. The petitioners seeks pre-arrest bail in connection with Piprakothi P.S. Case No. 257 of 2025 registered for the offence(s) punishable under Sections 191(2), 191(3),190,126(2),115(2),118(1),109,74,303(2) and 352 of the BNS .

3. As per the allegation made in the FIR, the accused persons named therein including the petitioners have assaulted the informant and her family members, as a result of which, they sustained injury.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and they have falsely been implicated in a false case. There is case and counter case between the parties arising out of same incidence and due to land dispute, an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioners may have caused some injury on the persons of the informant and her family members without intention. Petitioners have clean antecedents.

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 and also the fact that there is case and counter case between the parties and due to land dispute, an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioners may have caused some injury on the persons of the informant and her family members without intention, I am of the opinion that petitioners, who are having clean antecedents, have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, District- East Champaran / Concerned Court in connection with Piprakothi P.S. Case No. 257 of 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 petitioners and if it is found that the petitioners 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.

(Purnendu Singh, J)

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