Shambhu Harijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10114 of 2026 Arising Out of PS. Case No.-435 Year-2025 Thana- AMAUR District- Purnia ====================================================== 1.

Shambhu Harijan S/o- Late Rabbi Harijan Resident of Village - Nitendar, Ward No. - 05, Machhatta, P.S. - Amour, District - Purnea, Bihar. 2.

Sem Kumar @ Sem Kumar Harijan S/o- Natthu Ray Resident of Village - Nitendar, Ward No. - 05, Machhatta, P.S. - Amour, District - Purnea, Bihar. 3.

Raj Kumar @ Raj Kumar Ray S/o- Nathu Harijan Resident of Village - Nitendar, Ward No. - 05, Machhatta, P.S. - Amour, District - Purnea, Bihar. 4.

Kuldev Harijan S/o- Gulten Harijan Resident of Village - Nitendar, Ward No. - 05, Machhatta, P.S. - Amour, District - Purnea, Bihar. 5.

Sukru Roy @ Sukaru Harijan S/o- Godai Harijan Resident of Village - Nitendar, Ward No. - 05, Machhatta, P.S. - Amour, District - Purnea, Bihar. 6.

Devan Harijan @ Devana Harijan S/o- Gulten Harijan Resident of Village - Nitendar, Ward No. - 05, Machhatta, P.S. - Amour, District - Purnea, Bihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajnish Kumar Singh, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2026 Heard Mr. Rajnish Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Bhanu Pratap Singh, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Amour P.S. Case No. 435/2025 registered for the offence(s) punishable under Sections 126(2),115(2),109,303(2),76,352,351(2),3(5) of the BNS

3. As per the allegations made in the FIR, the

Patna High Court CR. MISC. No.10114 of 2026(2) dt.12-03-2026 2/3 petitioners assaulted the informant, causing injuries to him.

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. A general and omnibus allegation has been levelled against the petitioners. The petitioners and informant are co-villagers. The petitioners in self-defence, may have caused some injury on the person of the informant. The petitioners have clean antecedent. On these grounds, the 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. Having considered the rival submissions made on behalf of the parties, as well as, the fact that a general and omnibus allegation has been levelled against the petitioners. The petitioners and informant are co-villagers. The petitioners in self-defence, may have caused some injury on the person of the informant and also the fact that the petitioners have clean antecedent, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. 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

Patna High Court CR. MISC. No.10114 of 2026(2) dt.12-03-2026 3/3 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 learned District Court where the case is pending / Concerned Court in connection with Amour P.S. Case No. 435/2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J) Ashishsingh/- U T