Patna High Court
Parma RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioners are entitled to bail under section 482(2) of the BNSS.
Summary
The petitioners, Parma Rajak, Aman Kumar and Sahil Rajak, applied for bail in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) relating to assault, homicide and robbery. The FIR alleged that co‑accused Mahesh Rajak and Vikram Rajak assaulted the deceased Ranjeet Rajak and stole cash and ornaments, while the petitioners were accused of assaulting other family members without any injury report. The petitioners contended that the dispute stemmed from a land conflict, they were not the assailants of the deceased, and they possessed a clean antecedent. The State opposed bail, arguing that the petitioners participated in the killing of the informant's brother. The court, noting the lack of substantiated injury against the petitioners, their clean antecedent and that the primary assault was committed by Vikram Rajak, granted bail subject to a bond of Rs.10,000 with two sureties each under section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to bail under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita given the allegations against them.
- Whether the allegations of assault against the petitioners are substantiated by evidence such as injury reports.
- Whether the petitioners' clean antecedent and the fact that the primary assault was committed by another co‑accused justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 109, 115(2), 117(2), 126(2), 303(2), 3(5), 352, 482(2)
Subjects
- bail
- section 482
- Bharatiya Nagarik Suraksha Sanhita
- assault
- land dispute
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25234 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- RANIYATALAB District- Patna
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1. Parma Rajak S/o Late Rajak @ Durdin Rajak Resident of Village -
Raghunathpur, PS- Ranitalab, District- Patna
2. Aman Kumar S/o Sharma Rajak Resident of Village - Raghunathpur, PS-
Ranitalab, District- Patna
3. Sahil Rajak @ Sahil Kumar S/o Sharma Rajak Resident of Village -
Raghunathpur, PS- Ranitalab, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhumay Madhup, Advocate
For the Opposite Party/s : Ms. Anita Kumari , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 117(2),
109, 303(2), 352, 3(5) and 103(1) of the BNS.
3. As per F.I.R., informant alleged that co-accused
Mahesh Rajak caught both hands of Ranjeet Rajak (deceased)
and co-accused Vikaram Rajak assaulted on his head by means
of iron rod repeatedly. It is further alleged that accused persons
entered house of informant and assaulted informant and other
family members and also took away cash and different
Patna High Court CR. MISC. No.25234 of 2026(2) dt.12-05-2026
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ornaments.
4. Learned counsel for the petitioners submits that on
account of land dispute, the present occurrence took place in
which both sides inflicted injuries on each other. Case and
counter case. Specific accusation of assault is against co-
accused Vikram Rajak who is alleged to have given iron rod
blow on the head of the deceased. So far as, these petitioners are
concerned, they are not the assailants of deceased. As per F.I.R.
these petitioners are alleged to have assaulted other family
members of deceased but there is no injury report on record to
substantiate the allegation of assault against them. Petitioners
claim clean antecedent.
5. Learned A.P.P. for the State opposed the bail
application and submitted that these petitioners along with
other co-accused persons killed the brother of informant.
6. Considering the fact that it was co-accused Vikaram
Rajak who assaulted the deceased due to which he died and
petitioner are not assailants of deceased, injuries allegedly
caused by these petitioners are not on record, clean antecedent
of these petitioners and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioners, as named above, be enlarged on bail on
Patna High Court CR. MISC. No.25234 of 2026(2) dt.12-05-2026
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furnishing bail bond of Rs.10,000/-(ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
JMFC at Danapur in connection with Rani Talab P. S. Case No.
223 of 2025 , subject to the conditions laid down under section
482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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