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Patna High Court

Rajnish Kumar @ Rajnis KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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