Md. Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90726 of 2025 Arising Out of PS. Case No.-320 Year-2024 Thana- BIHARIGANJ District- Madhepura ====================================================== Md. Raja Son of Md. Jakir R/o village - Koriya Rahi, Ward No.- 07, P.S.- Bihariganj, District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar, Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-02-2026 Heard Mr. Pawan Kumar, learned counsel appearing on behalf of the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Bihariganj P.S. Case No. 320/2024 registered for the offence(s) punishable under Sections 115(2),126(2),109,352,351(2),3(5) of the BNS and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, the dispute arose when the petitioner along with Md. Kajim (uncle of the petitioner) started abusing the persons who were going to perform Namaj and when the informant opposed them, then both made four rounds firing.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.90726 of 2025(2) dt.04-02-2026 2/3 petitioner submitted that for similar allegation, co-accused Md. Kajim (uncle of the petitioner) has already been granted prearrest bail by a co-ordinate Bench of this Court vide order dated 07.05.2025 passed in Cr. Misc. No.27812 of 2025. Petitioner cannot be held responsible for assaulting or firing upon the informant. Petitioner has clean antecedent. On these grounds, 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. Having heard the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR and also the fact that similarly situated co-accused has already been granted pre-arrest bail by a co-ordinate Bench of this Court, I am of the opinion that petitioner, who is having clean antecedent, 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 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 learned SDJM, Udakishunganj, District,
Patna High Court CR. MISC. No.90726 of 2025(2) dt.04-02-2026 3/3 Madhepura / Concerned Court in connection with Bihariganj P.S. Case No. 320/2024, 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 petitioner and if it is found that the petitioner is 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) Sanjay/- U T