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Patna High Court

RajKumar RajakversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted to petitioner no. 2 but not to petitioner no. 1 under Section 482(2) of the BNSS.

Summary

The petitioners, RajKumar Rajak and Pawan Rajak, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 117(2), 109, 352, 351(2) and 3(5) of the BNS. The petitioners alleged that they were falsely implicated in a land‑dispute altercation and that the injuries claimed by the informant were either non‑existent or not life‑threatening. The State opposed the bail, contending that the injuries were dangerous to life and that the petitioners were involved in a violent assault. The Court, after hearing both sides, granted anticipatory bail to petitioner no. 2 (Pawan Rajak) upon furnishing a bail bond and sureties, subject to conditions under Section 482(2) of the BNSS. However, the Court declined to extend anticipatory bail to petitioner no. 1 (RajKumar Rajak), finding the allegations against him sufficient to deny the relief.

Issues considered

  • Whether anticipatory bail should be granted to petitioner no. 1 under Section 482(2) of the BNSS.
  • Whether anticipatory bail should be granted to petitioner no. 2 under Section 482(2) of the BNSS despite the alleged assault.

Legislation cited

  • BNS — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352, 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • criminal procedure
  • false implication
  • assault
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19640 of 2026
                        Arising Out of PS. Case No.-166 Year-2025 Thana- BARHAT District- Jamui
                 ======================================================
           1.     RajKumar Rajak S/o Klit Rajak @ Kalit Rajak R/o Village - Tetariya, P.S -
                  Barhat, District - Jamui
           2.    Pawan 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. Md. Aslam Ansari, 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 no. 1 has antecedent of two cases but then he was

                   acquitted in one case and petitioner no. 2 is a person with clean

                   antecedent and the informant alleges that accused persons

                   including the petitioners came on 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
Patna High Court CR. MISC. No.19640 of 2026(2) dt.07-04-2026
                                            2/3




          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 on account of dispute

          relating to land an altercation had taken place and both side

          assaulted each other. It is further submitted though it is alleged

          that petitioner no. 2 assaulted the informant by khanti causing

          injury over the ear but then no injury over the ear was found.

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

          for anticipatory bail of the petitioners and submits that the injury

          suffered by the informant has been opined to be dangerous to

          life as has been recorded in the order impugned. It is also

          pointed out based on the pleadings made in the anticipatory bail

          application that the order impugned wrongly records the name

          of informant as Manish, but then is not in a position to rebut the

          submission of the learned counsel appearing for the petitioners
           Patna High Court CR. MISC. No.19640 of 2026(2) dt.07-04-2026
                                                       3/3




                     that no injury over the ear of the informant was found.

                                  6. Considering the submissions made by the learned

                     counsel for the parties, the petitioner no. 2, in the event of his

                     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.

                                  7. The Court is not inclined to extend the privilege of

                     anticipatory bail to the petitioner no. 1, namely, Rajkumar

                     Rajak.



                                               (Satyavrat Verma, J)
Gaurav Sinha/-

U      T


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