Patna High Court
Bibhishan Rajak @ Ankit Rajak @ Bhavishan Rajak @ Bhivishan RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Bibhishan Rajak, sought anticipatory bail fearing arrest in a case registered under Sections 302 and 34 of the Indian Penal Code for the alleged murder of an informant's mother during a field‑irrigation dispute. The prosecution alleges that the petitioner, along with others, assaulted the victim with a lathi and danda, causing her death on the spot. The petitioner’s counsel argued that he is innocent, that the allegation is vague and omnibus, and that he has a clean record. The State’s counsel countered that the FIR specifically names the petitioner and details his participation in the assault. The Court examined the specificity of the accusation, the seriousness of the offence, and the risk of the petitioner absconding, and consequently rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a murder case where the FIR specifically names him and the offence is grave
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- murder
- IPC
- Section 302
- Section 34
- high court
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12879 of 2026
Arising Out of PS. Case No.-338 Year-2020 Thana- RAJAON District- Banka
======================================================
Bibhishan Rajak @ Ankit Rajak @ Bhavishan Rajak @ Bhivishan Rajak Son
of Umesh Rajak Resident of Village - Naripa, P.S.- Rajoun, District - Banka
(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Dhananjay Kumar Pandey, Advocate
For the State : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 302 and 34
of the Indian Penal Code.
3. As per prosecution case, on a petty dispute over
irrigating the fields, a scuffle took place in which, all the F.I.R.
named accused persons, including this petitioner, brutally
assaulted mother of informant with lathi and danda due to
which, she died on the spot.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Allegation of assault is general and
Patna High Court CR. MISC. No.12879 of 2026(2) dt.23-04-2026
2/2
omnibus and no specific accusation of overt act has been alleged
against this petitioner. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and there is specific accusation that he, along with other F.I.R.
named accused persons, assaulted mother of informant with
lathi and danda as a result of which, she died on the spot.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of anticipatory bail to the petitioner
is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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