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Patna High Court

Bibhishan Rajak @ Ankit Rajak @ Bhavishan Rajak @ Bhivishan RajakversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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