Patna High Court
Ashok RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The petitioners are entitled to anticipatory bail subject to the conditions imposed by the Court.
Summary
The petitioners, Ashok Rajak and Gareeb Yadav, sought anticipatory bail fearing arrest in a case involving alleged assault, firearm discharge, and robbery under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged that the accused, including co‑accused Kshatri Yadav and Vikas Yadav, fired at a minor’s father, causing injury and stealing cash and a gold chain. The petitioners contended they were merely members of a mob in a land‑dispute context and were falsely implicated, with one having no prior criminal record. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail subject to a bond of Rs.15,000 and two sureties, invoking Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
- Whether the allegations against co‑accused extend to the petitioners warranting their arrest.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 190, 191(2), 191(3), 303(2), 351(2), 352
Subjects
- anticipatory bail
- false implication
- assault
- firearm injury
- robbery
- land dispute
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13079 of 2026
Arising Out of PS. Case No.-26 Year-2025 Thana- HARINMAR District- Munger
======================================================
1. Ashok Rajak S/O Late Baso Rajak Resident Of Village - Goraiya Bathan,
P.S- Gogari Jamalpur, Dist.- Khagaria
2. Gareeb Yadav S/O Late Gohal Yadav Resident Of Village - Goraiya Bathan,
P.S- Gogari Jamalpur, Dist.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Indu Bhushan, Advocate
For the Opposite Party/s : Mr.Anish Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Harinmar P.S. Case No. 26 of 2025 instituted for the
offence under Sections 191(2), 191(3), 190, 109, 303(2), 115(2),
352 & 351(2) of the Bharatiya Nyaya Sanhita, 2023 and u/s 27
of the Arms Act.
3. The prosecution case, in brief, is that on 30.06.2025,
while the informant’s minor son was ploughing his field with
tractor, the accused persons, armed with firearms, forcibly
stopped him, abused and assaulted him and on the order of co-
accused, namely, Kshatri Yadav, co-accused, Vikash Yadav fired
a pistol causing firearm injury to the victim’s leg. It is also
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alleged that during the assault, cash of Rs. 3,500/- and a gold
chain were also snatched.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Learned counsel for the petitioners submitted that specific
allegation is against co-accused Kshatri Yadav, who is order
giver and co-accused Vikas Yadav opened firing upon Golu
Kumar. He further submits that as per F.I.R. six persons have
taken Rs.3500/- from the pocket of Golu Kumar and Golden
chain has been snatched by co-accused Gareeb Yadav. He
further submitted that occurrence took place on 30.06.2025, but
F.I.R. has been lodged on 13.07.2025. Learned counsel further
submitted that at the time of occurrence, petitioners were only
member of the mob. There is subsisting land dispute between
the parties. It has been submitted on behalf of the petitioners
that petitioner no.1 has no criminal antecedent, whereas
petitioner no.2 has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioners above named, in the event of their
arrest/surrender before the learned Court below within a period
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of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
each with two sureties of the like amount each to the satisfaction
of Court below/concerned Court in connection with Harinmar
P.S. Case No. 26 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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