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Patna High Court

Rajiv Kumar @ Rajeev Kumar @ Rajeev NayakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.14742 of 2026(2) dt.25-02-2026
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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
Patna High Court CR. MISC. No.14742 of 2026(2) dt.25-02-2026
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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
             Patna High Court CR. MISC. No.14742 of 2026(2) dt.25-02-2026
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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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