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2026 Supreme(Online)(Pat) 3657

PATNA HIGH COURT
Prabhat Kumar Singh, J
Deepak Kumar, Basant Ram, Jyoti Kumar, Moti Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.784 of 2026 | PS. Case No.-110 Year-2025



Advocates:
For the Petitioner/s: Mr. Abhay Kumar
For the Opposite Party/s: Mr. Nirmala Kumari

The judgment underscores the right to pre-arrest bail in light of false implications due to personal enmities, emphasizing due process and judicial discretion.

Headnote:The court addressed a pre-arrest bail application filed under various sections of the BNSS regarding allegations of theft and assault. The petitioners claimed they were falsely implicated due to enmity. The court permitted bail for petitioners 1, 2 and 4 upon specific conditions, emphasizing the importance of fair trial rights. Ultimately, bail was granted pending trial.

Table of Content
1. the basis of the allegations against the petitioners, including personal motives. (Para 6 , 7)
2. conditions under which bail is granted to ensure compliance. (Para 9)

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 21-01-2026 At the outset, learned counsel for the petitioners seek permission to withdraw the pre-arrest bail petition of petitioner No. 3 .

2. Permission is accorded.

3 . This bail petition with respect to petitioner No. 3 is dismissed as withdrawn .

4. Heard learned counsel for petitioner Nos. 1 , 2 and

4 and learned A.P.P. for the State .

5 . The petitioners apprehend their arrest in a complaint case punishable for the offence under Sections 126 ( 2 ), 115 ( 2 ), 118 (1) , 109 (1) , 303 ( 2 ), 352, 351 ( 2 ) and 3 (5) of BNS .

6. As per prosecution case , informant namely , Baldev Ram alleged that these petitioners along with other co-accused persons armed variously trespassed into the house of informant and stole Rs. 1 , 50,000/- , chain and mangalsutra from female family members of informant.

7. It is submitted on behalf of petitioners that petitioners are innocent and has falsely been implicated in this case due to old enmity . Allegation is general and omnibus against these petitioners. Case and counter case . Rest of the allegations are superficial in nature, to make the case grave .

Petitioners claim clean antecedent.

8 . Learned A.P.P. for the State opposed the prayer for anticipatory bail of petitioner.

9. However, considering the aforesaid facts and circumstances, let the above named petitioner Nos. 1 , 2 and 4, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs.

10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM Samastipur in connection with N H Bangra Case No. 110 of 2025 , subject to condition as laid down under Section 482 (2) of BNSS 2023 .

(Prabhat Kumar Singh, J)

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