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2026 Supreme(Online)(Pat) 4103

PATNA HIGH COURT
Purnendu Singh, J
Chandan Yadav @ Chandan Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.89310 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Prabhat Kumar Singh
For the Respondents: Mr. Braj Kishore Pd.

A petitioner can obtain pre-arrest bail if the allegations are general and injuries are minor.

Headnote:The petitioner seeks pre-arrest bail in connection with Garhi P.S. Case No. 42 of 2022 for alleged offences under Sections 341, 323, 307, 379, 504, and 34 of the IPC. The FIR alleges assault on the informant due to a performance failure. The Court finds general allegations insufficient and notes the injuries were opined to be simple in nature. The Court concludes that the petitioner has prima facie made out a case for pre-arrest bail, directing release upon certain conditions.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 28-01-2026 Heard Mr. Prabhat Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Braj Kishore Pd., learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Garhi P.S. Case No. 42 of 2022, registered for the offence punishable under Sections 341 , 323, 307, 379, 504 and 34 of the Indian Penal Code .

3. As per the allegation made in the FIR, petitioner along with other accused persons, had assaulted the informant causing injury for having not performed the orchestra. 4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. General and omnibus allegation has been levelled against the petitioner. Injury sustained by the informant has been opined by the doctor to be simple in nature as would appear from the impugned order. In absence of specific allgation of assault, the petitioner seeks 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 petitioner. Injury sustained by the informant has been opined by the doctor to be simple in nature I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail. 7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her 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) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Garhi P.S. Case No. 42 of 2022, subject to the condition 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 as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J)

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