Patna High Court
Rajesh Kumar @ Rajesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner is entitled to anticipatory bail as the main role in the alleged assault was assigned to another accused.
Summary
Petitioner Rajesh Kumar Yadav sought anticipatory bail in connection with Bibhutipur Police Station Case No. 456 of 2025, which alleged offences under several sections of the Bihar Negotiable Securities Act, including assault. The prosecution alleged that the petitioner, on the direction of another accused, sat on the leg of the informant, causing injury, while the primary assault was attributed to Anshu Kumar. The petitioner contended that he was implicated only because of his criminal antecedent and that the main culpability lay with Anshu Kumar. The State opposed bail, citing the petitioner’s prior criminal record. The Court, after considering the submissions, granted anticipatory bail with a bond of Rs. 10,000 and multiple conditions, noting that the principal role in the alleged assault was assigned to another accused.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite alleged involvement in assault and a criminal antecedent.
- Whether the allegations against the petitioner constitute sufficient ground to deny anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 109(1), 117(2), 126(2), 127(2), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- bail conditions
- criminal antecedent
- assault
- section 352
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17161 of 2026
Arising Out of PS. Case No.-456 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Rajesh Kumar @ Rajesh Kumar Yadav S/o- Ram Dular Ray @ Ram Dular
Yadav Village- Mahamadpur Sakara, P.S- Bibhutipur, District-Samastipur,
P/A- 422, D Block, Swaroop Nagar,P.S.-Swaroop Nagar, North West Delhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Anand, Advocate
For the State : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard Mr. Vijay Anand, learned counsel for the
petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Bibhutipur P.S. Case No. 456 of 2025
registered for the offence under Sections 126(2), 127(2), 76,
117(2), 109(1), 352, 351(2) and 3(5) of the B.N.S., lodged on
17.11.2025 by the informant, Juli Kumari.
3. As per the prosecution story, the informant alleged
that while returning home, the accused persons were waiting
and after abuse on the direction of Upendra Yadav, Anshu
Kumar threw him on the ground causing injury. Later, Rajesh
Kumar (petitioner herein) sat on her leg. The family came to
rescue where after the F.I.R..
Patna High Court CR. MISC. No.17161 of 2026(2) dt.25-03-2026
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4. Learned counsel for the petitioner submits that
allegation of assault is on Anshu Kumar, this petitioner only
because of criminal antecedent has been implicated. The
allegation is that he sat on the leg of the informant.
5. Learned APP opposes the prayer submitting that he
has criminal antecedent.
6. Considering the submissions of the parties as also
that the main role has been assigned to Anshu Kumar, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate,
Rosera, in connection with Bibhutipur P.S. Case No. 456 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/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Patna High Court CR. MISC. No.17161 of 2026(2) dt.25-03-2026
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Station as and when required for cooperating in the
investigation;
(iii) 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/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month 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;
(v) 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;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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