Patna High Court
Rajnish Kumar @ Rajnis KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Rajnish Kumar, sought anticipatory bail in connection with a FIR (Case No. 14 of 2026) alleging offences under sections 126(2), 115(2), 308(5), 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, including ransom demand, assault and theft. The prosecution alleged that the accused surrounded the informant, demanded a Rs.1 lakh ransom, assaulted him and snatched a mobile phone and cash. The petitioner contended that the FIR was based on a concocted, omnibus accusation and that he was innocent, having secured bail in another case. The State opposed bail, emphasizing the seriousness of the alleged offences. The High Court, after considering the nature of the allegations and the seriousness of the offences, rejected the anticipatory bail application but directed that if the petitioner surrenders within six weeks, the trial court may decide his surrender‑cum‑bail on the same day.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences alleged in the FIR
- Whether the general, omnibus nature of the FIR suffices to deny bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 303(2), 308(5), 3(5), 352
Subjects
- anticipatory bail
- bail
- criminal procedure
- serious offences
- FIR
- ransom demand
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 42066 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- CHACKMEHSI District- Samastipur
======================================================
Rajnish Kumar @ Rajnis Kumar S/O Sudhir Paswan R/O Village- Malinagar,
P.S- Chakmehsi (Chakmahesi), Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Khushi Awadh, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner who apprehends arrest in connection
with Chakmehsi P.S. Case No. - 14 of 2026 lodged on
21.01.2026, for the offences punishable under sections 126(2),
115(2), 308(5), 303(2), 352 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution, the present FIR has been
lodged against four named accused persons including the
petitioner and two unknown accused persons. It is alleged in the
FIR that while the informant was going somewhere, the accused
persons after surrounding him, demanded Rupees One Lakh as
ransom and upon refusal of the same, they all assaulted him and
abused. The accused persons also alleged to have snatched a
mobile phone and cash amount of Rs. 800/- form the informant.
4. It is submitted by learned counsel for the petitioner
that the petitioner is innocent and has committed no offence. In
Patna High Court CR. MISC. No. 42066 of 2026(2) dt.01-07-2026
2/2
fact, the present FIR has been lodged on the basis of concocted
story. Though the petitioner is named in the FIR, but the
accusation is not specific against him rather it is omnibus and
general. The petitioner is accused in one more criminal case, but
in that case, he has been granted bail.
5. Learned APP for the State vehemently opposes the
prayer for bail, and submits allegation of demand of ransom is
there in the FIR.
6. In this background, this Court is not inclined to
grant bail to the petitioner. Accordingly, the prayer for bail of
the petitioner in connection with Chakmehsi P.S. Case No -14 of
2026, pending before the learned Court of Judicial Magistrate,
First Class, Samastipur, is hereby rejected.
7. However, if the petitioner surrenders before the
Trial Court within six weeks from today, the Trial Court shall
pass an order on his surrender-cum-bail application on the same
day, without being prejudiced by the fact that the petitioner’s
anticipatory bail has been rejected by this Court.
(Dr. Anshuman, J)
Manshi/Ashwini
U T
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