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Patna High Court

Rajnish Kumar Singh @ Rajneesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Rajnish Kumar Singh, was implicated in a robbery and assault case (P.S. Case No.114 of 2025) involving alleged use of firearms, assault with an iron rod, and theft of valuables. He contended that the allegations were false, stemming from a personal dispute, and that the injuries were minor with no arms seized. The prosecution opposed his anticipatory bail, citing the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023. The Court, noting the presence of a case‑and‑counter‑case and the relatively simple nature of the injuries, decided to grant anticipatory bail subject to strict conditions. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC/Section 482 BNS Sanhita given the alleged offences.
  • Whether the alleged offences constitute a serious case that warrants denial of bail.
  • Whether the absence of seizure of arms and the claim of false implication affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • robbery
  • assault
  • Bharatiya Nyaya Sanhita
  • Section 438
  • Section 482
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14356 of 2026
                       Arising Out of PS. Case No.-114 Year-2025 Thana- Patour District- Darbhanga
                 ======================================================
                 Rajnish Kumar Singh @ Rajneesh Kumar Singh S/o Jagdeo Singh @ Jagdeo
                 Prasad Singh R/o Village - Lagma, P.S - Singhiya, District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rohit Kumar
                 For the Opposite Party/s :         Mr.Nityanand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   26-02-2026                       Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Pator P.S. Case No.114 of 2025, F.I.R dated

                   01.11.2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 303(2), 352 and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, on 29.10.2025 at

                   about 6:00 P.M., while the informant was returning home from

                   Usma Math market, he was allegedly intercepted by accused

                   Rajnish Kumar Singh and others travelling in a four-wheeler

                   (BR33AT7212).              The   accused       allegedly      surrounded          the

                   informant, pointed pistols at him, and forced him out of his car.

                   It is alleged that Rajnish Kumar Singh assaulted him with an

                   iron rod on his leg, Abhishek Kumar Singh punched him and
Patna High Court CR. MISC. No.14356 of 2026(2) dt.26-02-2026
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          threw a chemical substance into his eyes causing burning, and

          other accused restrained him. The accused allegedly snatched

          gold and silver ornaments worth Rs.1,50,000 and also took

          Rs.13,000 kept in the car. The informant’s son and other

          occupants were allegedly forced out at gunpoint and assaulted.

                      4. Learned counsel for the petitioner submits that there

          is case and counter case and the allegation against this petitioner

          is of having assaulted the informant on his left leg but the

          injuries are simple in nature and the petitioner submits that for

          ulterior reasons, he has been falsely implicated in the present

          case. It has further been submitted that the informant is a

          neighbor of matrimonial house of the petitioner’s daughter and

          the informant had a dispute with the father-in-law of the

          petitioner’s daughter and therefore, in order to pressurize the

          father-in-law of the petitioner’s daughter, the instant case is said

          to have been filed. Though, the case is registered under the

          Arms Act, but there is no seizure of the same. Lastly, it has been

          submitted that the petitioner has one criminal antecedent but he

          is on bail in the said case.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.14356 of 2026(2) dt.26-02-2026
                                            3/4




          that there is case and counter case and the allegation against this

          petitioner is of having assaulted the informant on his left leg but

          the injuries are simple in nature. Accordingly, this Court is

          inclined to grant the privilege of anticipatory bail to the

          petitioner.

                        7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

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

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

          satisfaction of the learned A.C.J.M.-IX, Samastipur, in

          connection with Pator P.S. Case No.114 of 2025, subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions:-

                        (i) one of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide

          official document/personal affidavit to show his/her bona fide;

                        (ii) the petitioner(s) shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his/her/their bail bond by the Trial Court itself;
           Patna High Court CR. MISC. No.14356 of 2026(2) dt.26-02-2026
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                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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