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Patna High Court

Rajnish Singh @ Rajanish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to conditions.

Summary

The petitioners, Rajnish Singh and Pintu Kumar, applied for anticipatory bail in connection with a criminal case (Patahi PS Case No. 101 of 2024) alleging their involvement in a violent assault on an informant and his family. The prosecution alleged that the accused, including the petitioners, assaulted the victims with lathi and sword, causing injuries and theft of a gold chain. The petitioners contended they were falsely implicated, had clean antecedents, and that the allegations were general and stemmed from a land dispute. The State opposed the bail, but the court noted the petitioners' clean records and the nature of the alleged offences as simple injury. Relying on Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to cooperation with investigation and verification of antecedents.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita?
  • Whether the petitioners' alleged involvement in the offences warrants denial of bail given the nature of the charges.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • Indian Penal Code
  • clean antecedent
  • land dispute
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23201 of 2026
                    Arising Out of PS. Case No.-101 Year-2024 Thana- PATAHI District- East Champaran
                 ======================================================
           1.     Rajnish Singh @ Rajanish Kumar Son of Chandrika Singh Resident Of
                  Village - Rampur Manorath, P.S. - Patahi, Dist. - East Champaran.
           2.    Pintu Kumar Son of Tej Pratap Singh Resident Of Village - Rampur
                 Manorath, P.S. - Patahi, Dist. - East Champaran.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pravin Kumar
                 For the Opposite Party/s :        Mr.Jagdhar Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   06-05-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Patahi P.S. Case No. 101 of 2024, registered for the

                   offences punishable under Sections 147, 148, 149, 341, 323,

                   324, 307, 379, 504, 506 of Indian Penal Code

                                3. The prosecution case, in brief, is that on 03.05.2024

                   at about 07:00 PM, while the informant Nilesh Raj was sitting

                   with his family members at his doorstep, co-accused Tej Pratap

                   Singh along with his four sons, namely Kokil Kumar @ Sujan,

                   Shani Kumar, Mani Kumar, Pintu Kumar (petitioner no. 2) and

                   his brothers Rajnish Singh (petitioner no. 1) and Ranjay Singh
Patna High Court CR. MISC. No.23201 of 2026(3) dt.06-05-2026
                                            2/3




          allegedly assaulted the informant, his father and brother with

          lathi and sword with intention to kill them. It is alleged that the

          informant’s father sustained serious head injury and became

          unconscious. It is further alleged that accused Kokil Kumar

          snatched a gold chain from the neck of the informant’s brother

          and fled away.

                       4. The learned counsel for the petitioners submits that

          the petitioners are innocent and have falsely been implicated.

          They are the persons of clean antecedent. The allegation is

          general and omnibus. There is land dispute between the parties.

                       5. On the other hand, the learned APP for the State has

          opposed the prayer for bail.

                       6. Both the petitioners have clean antecedent. The

          allegation against the petitioners is that in prosecution of

          common objection, they along with other accused persons have

          assaulted the informant and his father by lathi and sword, which

          has resulted in simple injury. Under these circumstances, I am

          inclined to grant privilege of anticipatory bail to the petitioners.

                       7. Let the petitioners, as named above, in the event of

          their arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

          Ten Thousand) each with two sureties of the like amount each to
           Patna High Court CR. MISC. No.23201 of 2026(3) dt.06-05-2026
                                                       3/3




                     the satisfaction of learned Judicial Magistrate, 1st Class, Sadar,

                     Motihari, East Champaran in connection with Patahi P.S. Case

                     No. 101 of 2024, subject to the conditions laid down under

                     section 438(2) of the Code of Criminal Procedure/Section

                     482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and

                     subject to further condition that :-

                                  (i)   The      petitioners      shall   co-operate   in   the

                     investigation/ trial.

                                   (ii) The learned Court below would, however, verify

                     the criminal antecedent of the petitioners and in case it is found

                     that the petitioners have concealed their criminal antecedent, the

                     Court below shall take step for cancellation of bail bond of the

                     petitioners. However, it is expected that the verification process

                     would be done expeditiously without causing any delay.



                                              (Alok Kumar Sinha, J)
kundan/-

U      T


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