Patna High Court
Rajneesh Kumar @ Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was granted to Rajneesh Kumar subject to bond and conditions, while the bail request of Ram Udit Yadav was dismissed as withdrawn.
Summary
Petitioner Ram Udit Yadav withdrew his bail application after being arrested, leading the court to dismiss his bail request. Petitioner Rajneesh Kumar sought pre‑arrest bail for offences under Sections 126(2), 117(2), 303(2), 109(1), 352, 351(2) and 3(5) of the BNS, alleged to involve assault and theft. The court noted that the FIR allegations against Rajneesh were general and not specifically linked to him, and that the case stemmed from a land dispute between the parties. Consequently, the court granted Rajneesh pre‑arrest bail on condition of a Rs 10,000 bond with two sureties and compliance with Section 438(2) Cr.P.C./Section 482(2) BNS. The district court was directed to verify his criminal antecedents, and the bail order would lapse if adverse antecedents are found. The bail applications were thus disposed of – granted to Rajneesh and withdrawn for Ram.
Issues considered
- What is the appropriateness of granting pre‑arrest bail to Rajneesh Kumar given the general nature of the allegations?
- Does the withdrawal of the bail application by Ram Udit Yadav affect the proceedings against him?
Legislation cited
- Bihar Negotiable (BNS) — s. 109(1), 117(2), 126(2), 303(2), 3(5), 351(2), 352
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- pre‑arrest bail
- bail withdrawal
- general allegations
- Section 438 CrPC
- Section 482 BNS
- land dispute
- assault
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37329 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
1. Rajneesh Kumar @ Rajnish Kumar S/o Ram Udit Yadav R/o Amni, Ward
no. 7, P.S. - Mansi, Dist. - Khagaria.
2. Ram Udit Yadav S/o Patbari Yadav R/o Amni, Ward no. 7, P.S. - Mansi, Dist.
- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nitin Kumar, Advocate.
For the Opposite Party/s : Mr.Sangeeta Sharma, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 01-07-2026 At the outset, learned counsel appearing on behalf of
the petitioners seeks to withdraw the prayer for bail on behalf of
petitioner no.2 Ram Udit Yadav submitting that the petitioner
no.2 has been arrested during the pendency of the bail
application.
2. In view of the above, the prayer for bail on behalf
of petitioner no.2 Ram Udit Yadav stands dismissed as
withdrawn.
3. Heard learned counsel appearing on behalf of the
petitioner no.1 and learned APP for the State.
4. The petitioner no.1 seeks pre-arrest bail in
connection with Morkahi P.S. Case No. 164 of 2025 registered
for the offence punishable under Sections 126(2), 117(2),
Patna High Court CR. MISC. No.37329 of 2026(2) dt.01-07-2026
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303(2), 109(1), 352, 351(2) and 3(5) of the BNS.
5. As per the allegation made in the F.I.R., the
petitioner no.1 along with other co-accused allegedly assaulted
on the head of the informant causing him injury and also
snatched Rs. 5000/- and a golden chain from the informant.
6. Learned counsel appearing on behalf of the
petitioner no.1 submitted that the petitioner is innocent and he
has committed no offence as alleged. The allegation alleged
against the petitioner no.1 is general and omnibus. There is case
and counter case between the parties arising out of the same
incidence. Both the parties are gotiya and there is land dispute
between them.
7. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner no.1.
8. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. and the fact that the injuries sustained by the victim is
not specifically attributable to the petitioner no.1 and the
allegation alleged against him is general and omnibus, the
petitioner no.1 Rajneesh Kumar @ Rajnish Kumar, is directed to
be released on pre-arrest bail, in the event of his arrest or
surrender before the Court below within a period of four weeks
Patna High Court CR. MISC. No.37329 of 2026(2) dt.01-07-2026
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from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of learned SDJM, Khagaria in connection with
Morkahi P.S. Case No. 164 of 2025, subject to the condition as
laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
9. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
10. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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