Patna High Court
Rajiv Kumar @ Rajeev Kumar @ Rajeev NayakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that the petitioner is entitled to bail subject to stringent conditions.
Summary
The petitioner, Rajiv Kumar, was in custody for offences under several sections of the Bharatiya Nyaya Sanhita arising from an alleged assault in which a finger was severed. The prosecution alleged that the petitioner, along with others, attacked the informant with a sword and caused grievous injuries. The petitioner argued that there is a counter‑case and that his continued detention is due to his criminal antecedents. The State opposed bail, emphasizing the seriousness of the charges and the prior denial of bail. Considering the petitioner’s undertaking to appear in court and the conditions proposed, the court granted bail with a cash bond and multiple surety and conduct conditions. The order also stipulated strict compliance requirements, including regular appearances before the trial court and police, and a prohibition on tampering with witnesses or evidence.
Issues considered
- Whether the petitioner is eligible for bail despite serious charges under the Bharatiya Nyaya Sanhita and a prior bail denial
- Whether the conditions imposed by the court are appropriate to ensure the petitioner’s attendance and prevent tampering with evidence
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- severed finger
- custody
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14742 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- MADHWAPUR District- Madhubani
======================================================
Rajiv Kumar @ Rajeev Kumar @ Rajeev Nayak
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-02-2026 Heard Mrs. Mr. Ajay Kumar Thakur, learned
counsel for the petitioner and the State.
2. The petitioner is in custody in connection with
Madhwapur P.S. Case No. 77 of 2025 for the offence punishable
under sections 115(2), 126(2), 118(1), 303(2), 352, 351(2) and
3(5) of the Bharatiya Nyaya Sanhita, lodged on 08.06.2025 by
the informant, Kanhaiya Kumar.
3. As per the prosecution story, the informant alleged
that in the evening, as he was in his house, the accused persons
including these two petitioners armed variously came and on the
order of Raj Kumar Nayak @ Raja Nayak, Rajeev Nayak @
Rajeev Kumar dragged him from his door, allegation is that
Rajeev Nayak @ Rajeev Kumar used sword in hand to attack on
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his neck and thereafter they resorted to assault in which one of
the finger was severed. When the sister, Guriya came to rescue,
she was also assaulted. This happened in the presence of the
Police (112). The severed finger could not be located and he was
rushed to Primary Health Centre and then to the other hospital.
The allegation is that finger was severed purposely to ensure
that he fails to take any government job. This led to the F.I.R.
4. Learned counsel for the petitioner submits there is
case and counter case. Both sides have suffered and only
because of criminal antecedent, he remained in custody since
09.06.2025.
5. Learned APP, Mr. Bharat Bhushan submits the
injuries inflicted by this petitioner led to severance of finger of
the informant.
6. Considering the submissions of the parties as also
that this is the second attempt, earlier bail application was
rejected in Cr. Misc. No. 49845 of 2025 on 11.08.2025, an
undertaking has been given that he shall be diligently appearing
in trial, in that background, this Court is inclined to extend him
the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
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like amount each to the satisfaction of learned District and
Additional Sessions Judge-II, Madhubani, in connection with
Madhwapur P.S. Case No. 77 of 2025 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his bona fide;
(ii) the petitioner 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
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioner 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;
(v) the petitioner shall desist from committing any
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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