SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Pat) 3677

PATNA HIGH COURT
Prabhat Kumar Singh, J
Rajan Rai – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.21933 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Brajesh Sahay, Rupa Sinha, Harshita, Rananjay Kumar
For the Respondents: Meena Singh, A.P.P., Mr. Vijay Kumar

General allegations without specific overt acts are insufficient for denying pre-arrest bail.

Headnote:The Court analyzed pre-arrest bail applications under sections 126(2)/115/118(1)/109/303(2)/352/3(5) of the Bharatiya Nyaya Sanhita, 2023. The case involves allegations against the petitioners of assault and robbery. The Court found general allegations insufficient and granted bail to petitioners 2, 3, and 4, pending conditions. The final ruling allowed bail under specified terms.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 22-01-2026 Petition for pre-arrest bail of petitioner no.1 has already been dismissed as withdrawn. Heard learned counsel for the parties.

2. Petitioners no. 2 to 4 apprehend arrest in a case registered for the offence punishable under sections 126(2)/115/118(1)/109/303(2)/352/3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. As per prosecution case, when the informant was at the house of his master, all the FIR named accused persons including these petitioners and 8/10 unknown persons came with arms and started abusing him and searching his master and in the process, accused persons assaulted the informant with knife and iron rod and snatched cash Rs.30,000/-.

4. It is submitted on behalf of the petitioners that allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. As a matter of fact, petitioners had purchased a piece of land from agnate of master of the informant, though informant was also interested in purchasing the said land and due to this reason, master of informant, in order to dispossess these petitioners from the said piece of land, got this case lodged against them with false and concocted allegations. Doctor has found simple injury. 5. Learned counsel for the State and the informant oppose the prayer for pre-arrest bail.

6. Considering the aforesaid facts of the case, prayer for bail of petitioners no. 2,3 and 4 is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in Town Police Station Case No. 521 of 2024, subject to the conditions laid down under section

482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J)

Shashi U T

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top