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2026 DAILYLAW 22017 (PAT)

Ayush Raj @ Ayushi Rai v. The State of Bihar

CR. MISC./37627/2026 · 2026-07-01

Purnendu Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37627 of 2026 Arising Out of PS. Case No.-265 Year-2025 Thana- GHOSI District- Jehanabad ====================================================== Ayush Raj @ Ayushi Raj, D/O Shiv Nandan Paswan, Resident of Village - Sharthuwa ,P.S - Ghosi,Dist - Jehanabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Sinha, Advocate For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 01-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State. 2. The petitioner seeks pre-arrest bail in connection with Ghosi P.S. Case No. 265 of 2025 registered for the offence(s) punishable under Sections 191(2), 190, 126(2), 115(2), 74, 303(2), 109, 352 and 351(2) of the BNS. 3. As per the allegations made in the FIR, during the course of the marriage ceremony, the petitioner, along with the other co-accused persons, allegedly assaulted and misbehaved with the family members of the informant. It is further alleged that the accused persons snatched the ornaments of the women participating in the Matkore ritual. 4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent. It is contended Patna High Court CR. MISC. No.37627 of 2026(2) dt.01-07-2026 2/3 that no such occurrence, as alleged in the FIR, had taken place. The parties indulged in argument, due to which scuffle took place, for which both sides lodged FIR against each-other and in absence of any injury sustained by the victims, no case is made out for the major offences under Section 109 of BNS. Petitioner has clean antecedent. On these grounds, 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. Having considered the rival submissions made on behalf of the parties and upon perusal of the allegations made in the FIR, it appears that, at best, the accusation against the petitioner pertains to obstructing a group of women who were performing the ritual of Matakor. In such circumstances, and taking into account that the petitioner has a clean antecedent, this Court is of the prima facie opinion that the petitioner has made out a case for grant of 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 Patna High Court CR. MISC. No.37627 of 2026(2) dt.01-07-2026 3/3 satisfaction of learned C.J.M., Jehanabad / Concerned Court in connection with Ghoshi P.S. Case No. 265 of 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 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. Sanjay/- (Purnendu Singh, J) U T