Ajit Rai @ Bhulani Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11977 of 2026 Arising Out of PS. Case No.-871 Year-2025 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Ajit Rai @ Bhulani Rai Son of Late Nathuni Rai Resident of village- Lal Pokhar Chack Jagdishpur, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2. The petitioners seek pre-arrest bail in connection with Hajipur Sadar P.S.Case No.871 of 2025, registered for the offence(s) punishable under Sections 126(2), 115(2), 110, 303(2), 351(2), 352 and 3(5) of BNS.

3. As per the allegation made in the FIR, co-accused persons including the petitioner assaulted the informant and his son with spade, causing head injury to the son of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and has been falsely implicated in the present case. Learned counsel further submitted that the petitioner and the informant run tea stalls at the same place, and due to business rivalry, an altercation arose

Patna High Court CR. MISC. No.11977 of 2026(2) dt.12-03-2026 2/3 between them, leading to a free fight in which both parties sustained injuries. He further also submitted that there is case and counter-case between the parties arising out of the same incident.

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, having perused the allegation made in the FIR, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail, however, it is pertinent to note that the injury report is not on the record of this Court and, therefore, the exact nature of injuries could not be ascertained at this stage, subject to verification of the injury of the injured and (1) if the injury is found to be grievous, the petitioner is directed to be taken into custody and (2) in case, the injuries are simple in nature, the petitioner is directed to be released on pre-arrest bail in connection with Hajipur Sadar P.S.Case No.871 of 2025, subject to conditions as laid down under Section 482(2) of BNSS of 2023 and other terms and conditions as the learned district court deems fit and proper.

7. The present application accordingly stands

Patna High Court CR. MISC. No.11977 of 2026(2) dt.12-03-2026 3/3 disposed of.

(Purnendu Singh, J) chn/- U T