Patna High Court
Rajnish Singh @ Rajanish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 379, 504, 506
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
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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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