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2026 Supreme(Online)(Pat) 4082

PATNA HIGH COURT
PURNDENDU SINGH, J
Vishal Upadhyay @ Vishal Upadhayay, Akash Upadhyay @ Akash Upadhayay – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.87194 of 2025



Advocates:
For the Appellants/Petitioners: Ms. Priya
For the Respondents: Mr. Rabindra Kumar

Pre-arrest bail is justified when allegations are general and injuries sustained are assessed as simple.

Headnote:The petitioners seek pre-arrest bail concerning allegations in Krishnagarh P.S. Case No. 109 of 2025, punishable under various sections of the BNS. The court noted the informant's injuries were assessed as simple, supporting the petitioners' claim of innocence. The decision framed the issue of bail under general allegations and various statutory provisions. The court granted pre-arrest bail subject to conditions, emphasizing the need for verification of prior criminal records. The final outcome granted bail upon fulfilling specified conditions.

2 28-01-2026 Heard Ms. Priya, learned counsel appearing on behalf of the petitioners and Mr. Rabindra Kumar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Krishnagarh P.S. Case No. 109 of 2025, registered for the offence punishable under Sections 126 (2), 115 (2), 109, 132, 352, 351(2) and 3(5) of the BNS .

3. As per the allegations made in the FIR, while the informant, who is a police personnel, had reached Bhabhangawan village in the course of patrolling duty, he noticed that two parties were engaged in a free fight. When the informant intervened to pacify the matter, the petitioners, along with other co-accused persons, had allegedly assaulted him, causing injuries

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. General and omnibus allegation has been levelled against the petitioners. He further submitted that with respect to a piece of land, an scuffle took place between two parties, who are agnates and when the police had intervened to pacify the matter, the informant had sustained some injury, which have been opined by the doctor to be simple in nature, as would appear from the impugned order. On these grounds, 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. Considering the rival submissions made on behalf of the parties, as well as, the fact that general and omnibus allegation has been levelled against the petitioners and injury sustained by the informant has been opined by the doctor to be simple in nature, the petitioners, 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. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Krishnagarh P.S. Case No. 109 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J)

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