Patna High Court
Mithilesh RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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