Arjun Rai @ Arjun Rajbhar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Arjun Rai @ Arjun Rajbhar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest (anticipatory) bail granted: petitioner to be released on bail in the event of his arrest or surrender before the court below within four weeks of receipt/production of a copy of the order, upon bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, one bailor being an own/close family member, subject to the conditions in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned Judicial Magistrate, 1st Class, Siwan, in connection with Andar P.S. Case No. 192 of 2025.

Issue for consideration

Whether the petitioner, who apprehends arrest in Andar P.S. Case No. 192 of 2025 (offences under the Bharatiya Nyaya Sanhita, 2023), should be released on bail in the event of his arrest or surrender (pre-arrest/anticipatory bail).

Court's answer

Considering the submissions of counsel for both sides and taking note of the relationship between the parties, the simple nature of the injuries and the petitioner's fair antecedents, the Court directed that the petitioner be released on bail in the event of his arrest or surrender before the court below.

Ratio / Principle

Release is to occur within four weeks of receipt/production of a copy of the order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Siwan, in connection with Andar P.S. Case No. 192 of 2025.

Key takeaways

The bail is subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be an own/close family member of the petitioner.ratio¶¶21

Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J., oral order dated 10-12-2025) allowed a pre-arrest bail application by Arjun Rai @ Arjun Rajbhar, who apprehended arrest in Andar P.S. Case No. 192 of 2025 (District Siwan), registered for offences under Sections 126(2), 115(2), 118(1), 109(1), 74, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleged that the petitioner, along with co-accused Bhim Rajbhar, assaulted the informant with sword and farsha causing head injury. While counsel characterised the occurrence as stemming from a matrimonial dispute with simple injuries, the Court, taking note of the relationship between the parties, the simple nature of the injuries and the petitioner's fair antecedents, ordered release on bail upon arrest or surrender within four weeks, on bail bonds of Rs.10,000/- with two like-amount sureties, one bailor being an own/close family member, subject to Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the Judicial Magistrate, 1st Class, Siwan.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81541 of 2025

Arising Out of PS. Case No.-192 Year-2025 Thana- AANDAR District- Siwan

======================================================

Arjun Rai @ Arjun Rajbhar, S/o Late Rama Shankar Rajbhar @ Ram Shankar Rai, Resident of Village - Nadiyawan, P.S. - Andar M.H. Nagar, District - Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the Opposite Party/s : Mr. Parmanand Kumar, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 10-12-2025

Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Andar P.S. Case No. 192 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 74, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

While the husband of the informant was living in Punjab, in the meanwhile, on the fateful day all the accused persons named in the FIR including the petitioner variously armed, entered into the house of the informant and tried to commit wrong. When the same was protested, it is alleged that

Patna High Court CR. MISC. No.81541 of 2025(2) dt.10-12-2025 2/3

this petitioner alongwith co-accused Bhim Rajbhar assaulted her by means of sword and farsha , due to which she sustained head injury. While the brother-in-law of the informant came to her rescue, he was also assaulted by the accused persons.

Learned Advocate appearing on behalf of the petitioner referring to the FIR contended that the petitioner is none else but brother-in-law (bhaisoor) of the present informant and the genesis of the occurrence is nothing but a matrimonial dispute leading to institution of the present case with a view to wreck vengeance and put pressure. So far the injuries which are allegedly sustained to the informant and others, have been found to be simple in nature, as is evident from the impugned order. The petitioner bears fair antecedent and he undertakes that he will cooperate in the proceeding of the Court.

On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application.

Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the relationship between the parties, coupled with the simple nature of injuries as well as fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of

Patna High Court CR. MISC. No.81541 of 2025(2) dt.10-12-2025 3/3

four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1^st Class, Siwan in connection with Andar P.S. Case No. 192 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

supratim/- U T