Created by Fuzzy Cloud

Patna High Court

Mithilesh RajakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner with specified conditions.

Summary

Mithilesh Rajak was arrested in connection with a case registered under several sections of the B.N.S., including assault and other offences. He applied for regular bail, claiming innocence, a clean antecedent, and that he is the uncle of the informant. The State opposed the bail application. The Court, after considering the facts and circumstances, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to produce a demand draft of Rs.25,000 for the victim's treatment expenses. The bail bond would be accepted only upon production of the demand draft, which would be handed over to the informant. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the seriousness and multiplicity of charges under the B.N.S.

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 74

Subjects

  • bail
  • criminal procedure
  • multiple offences
  • surety
  • victim compensation
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20850 of 2026
                        Arising Out of PS. Case No.-319 Year-2025 Thana- BELHAR District- Banka
                 ======================================================
                 Mithilesh Rajak S/o Late Hakim Rajak R/o Village - Barhoniya, P.S - Belhar,
                 District - Banka

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashi Saurabh, Advocate
                 For the Opposite Party/s :       Mr.Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Belhar

                   P.S. Case No. 319/2025 registered for the offences punishable

                   under Sections 126(2), 115(2), 351(2), 74, 352, 303(2), 117(2),

                   3(5) of B.N.S. and later on Section 109(1) of B.N.S. was added.

                                3. As per the prosecution case, petitioner is accused of

                   assaulting the victim causing injuries.

                                4. Learned counsel for the petitioner submits that

                   petitioner is the uncle of the informant and he is innocent and

                   has falsely been implicated in the present case. Learned counsel

                   further submits that petitioner has clean antecedent and he is in

                   custody since 05.02.2026.             The petitioner undertakes to co-

                   operate in the case/ trial.
              Patna High Court CR. MISC. No.20850 of 2026(2) dt.01-04-2026
                                                          2/2




                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the

                        case, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned C.J.M., Banka /concerned Court

                        below in connection with Belhar P.S. Case No. 319/2025.

                                     8. As a condition of this order, the petitioner, at the

                        time of furnishing the bail bond, shall produce a demand draft of

                        Rs. 25,000/- (Rupees Twenty-Five Thousand only) towards the

                        treatment expenses of the victim. Only upon production of the

                        said demand draft shall the bail bond of the petitioner be

                        accepted. The demand draft so produced by the petitioner shall

                        forthwith be handed over to the informant.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.