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Patna High Court

Chandu Rajak @ Chandan RajakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to surrender within six weeks and furnishing bail bonds with sureties as per Section 482(2) of the BNS.

Summary

The petitioners, four members of the Rajak family, sought anticipatory bail fearing arrest in a case registered under several sections of the BNS relating to assault and other offences. They claimed that the informant had falsely implicated them, that the FIR lacked specific allegations against some of them, and that the injury report and informant's name were incorrectly recorded. The State opposed the bail, arguing the seriousness of the alleged offences. The court examined the submissions and noted inconsistencies in the FIR and lack of proper injury documentation. It held that, provided the petitioners surrender within six weeks and furnish bail bonds with sureties, anticipatory bail could be granted subject to conditions under Section 482(2) of the BNS. The order thus released the petitioners on anticipatory bail pending trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of alleged false implication and procedural irregularities in the FIR.
  • Whether the inconsistencies in the injury report and misidentification of the informant affect the merits of the bail application.

Legislation cited

  • BNS — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352

Subjects

  • anticipatory bail
  • false implication
  • assault
  • FIR
  • injury report
  • land dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16529 of 2026
                        Arising Out of PS. Case No.-166 Year-2025 Thana- BARHAT District- Jamui
                 ======================================================
           1.     Chandu Rajak @ Chandan Rajak S/o Klit Rajak @ Kalit Rajak R/o Village -
                  Tetariya, P.S - Barhat, District - Jamui
           2.    Nandu Rajak @ Nandan Rajak S/o Klit Rajak @ Kalit Rajak R/o Village -
                 Tetariya, P.S - Barhat, District - Jamui
           3.    Rabindra Rajak S/o Kartik Rajak R/o Village - Tetariya, P.S - Barhat,
                 District - Jamui
           4.    Ranjan Rajak @Niranjan Rajak S/o Kartik Rajak R/o Village - Tetariya, P.S
                 - Barhat, District - Jamui

                                                                                    ... ... Petitioners
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Raj Ballabh Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-04-2026                          Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                   2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 117(2), 109, 352, 351(2) and 3(5) of BNS.

                                   3. Learned counsel for the petitioners submits that

                   petitioner nos. 1 and 2 have antecedent of one case and

                   petitioner nos. 3 and 4 are persons with clean antecedent but

                   then petitioner no. 1 was acquitted in the case and the informant

                   alleges that accused persons including the petitioners came on
Patna High Court CR. MISC. No.16529 of 2026(2) dt.07-04-2026
                                            2/3




          09.11.2025 at 04:00 PM and started abusing, on objection,

          Rajkumar (petitioner no.1) assaulted the informant by rod

          causing injury on head while Pawan Rajak (petitioner no. 2)

          assaulted him by khanti causing injury over the ear, thereafter,

          Nandu assaulted Naresh by farsa causing injury on head while

          Bhagirath assaulted Naresh by stone causing injury on hand,

          thereafter Ranjan and Ravindra assaulted Mithilesh by kudal

          and lathi and Ashok assaulted Babita on chest and other part of

          the body by lathi while Mukesh Rajak assaulted Mukesh Kumar

          by lathi.

                          4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant, it is next submitted that from perusal of the

          allegation as alleged in the FIR it would manifest that no

          specific allegation of assault is alleged against petitioner no. 1,

          though petitioner no. 2 is alleged to have assaulted Naresh by

          farsa on head while petitioner no. 3 is alleged to have assaulted

          Mithilesh by kudal and petitioner no. 4 is alleged to have

          assaulted Mithilesh by lathi but then the injury report is not on

          record nor the order impugned records about the injury suffered

          by them. It is also submitted that on account of dispute relating

          to land the occurrence is alleged to have taken place. It is next
           Patna High Court CR. MISC. No.16529 of 2026(2) dt.07-04-2026
                                                       3/3




                     submitted that the order impugned with regard to the injury

                     suffered by the informant has wrongly recorded the name of the

                     informant as Manish.

                                     5. Learned A.P.P. for the State opposes the prayer

                     for anticipatory bail of the petitioners.

                                  6. Considering the submissions made by the learned

                     counsel for the parties, the petitioners, in the event of their arrest

                     or surrender within a period of six weeks from today, be

                     released on anticipatory bail on furnishing bail bonds of Rs.

                     10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned trial court where

                     the case is pending/successor court in connection with Barhat

                     P.S. Case No. 166 of 2025 subject to the conditions as laid

                     down under Section 482 (2) of the BNSS.



                                               (Satyavrat Verma, J)
Gaurav Sinha/-

U      T


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