Rakesh Bhagat @ Rakesh PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33326 of 2026
                      Arising Out of PS. Case No.-340 Year-2025 Thana- RAGHOPUR District- Vaishali
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                 Rakesh Bhagat @ Rakesh Paswan S/o Lakhan Bhagat Resident of Village -
                 Fatepur Khudgaas, P.S.- Raghopur, District -Vaishali.

                                                                                   ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sunil Kumar Singh, Adv.
                                                   Ms. Rashmi, Adv.
                                                   Ms. Pragya, Adv.
                 For the Opposite Party/s :        Mr.Ajit Kumar, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   18-05-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State through Virtual Mode.

                                 2. The petitioner apprehends his arrest in connection

                   with Raghopur P.S. Case No. 340 of 2025 dated 22.12.2025

                   registered for the offences punishable under Sections 191(2),

                   191(3), 115(2), 117(2), 117(4), 303(2), 352 and 351(3) of the

                   B.N.S.

                                 3. The allegation against the petitioner is that he has

                   dragged the informant on the ground with the help of a towel
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          and had ordered to kill him and also to commit dacoity in the

          shop of the informant.

                       4. The learned counsel for the petitioner submits that

          the petitioner has falsely been implicated along with 15 other

          accused persons in an incident where both the parties had

          sustained injuries. It has further been submitted that there is a

          case and counter case for the said incident and one Raghopur

          P.S. Case No. 341 of 2025 was lodged on behalf of the

          petitioner, and the informant of the present case, namely, Binod

          Mahto, is one of the accused in the said case. It has further been

          submitted that the petitioner has falsely been implicated only on

          account of the dispute between the two sides and the present

          false and concocted case has been lodged. It has lastly been

          submitted that the petitioner has clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the facts and circumstances of the

          case, and also taking into account that there is no specific

          allegation of assault against the petitioner, the petitioner, above

          named, is directed to be released on anticipatory bail, in the

          event of arrest or surrender before the Court below within a

          period of four weeks from today, on furnishing bail-bond of Rs.
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          10,000/-(Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Raghopur P.S. Case No. 340 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of BNSS as

          well as subject to the following conditions:-

                        (i) One of the bailors will be a close relative of the

          petitioner.

                        (ii) The petitioner shall remain physically present

          before the concerned Court on each and every date of the trial

          and shall cooperate in the investigation.

                        (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bond of the petitioner

          will be liable to be cancelled by the Court concerned.

                        (iv) The trial court shall verify the criminal antecedent

          of the petitioner and in case, at any stage, it is found that the

          petitioner has concealed his criminal antecedents, the trial court

          shall take necessary steps for cancellation of bail bond of the

          petitioner. However, the acceptance of bail bond in terms of the

          above mentioned order shall not be delayed for purpose of or in

          the name of verification.
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                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/Anjali

U      T