Rajesh @ Rajesh YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43432 of 2026
                   Arising Out of PS. Case No.-48 Year-2026 Thana- MAHESHKHUNT District- Khagaria
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                 Rajesh @ Rajesh Yadav Son of Bandelal Yadav Resident of Village - Sapha,
                 P.S. - Maheshkhunt, District - Khagaria.
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ranjan Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-07-2026                    Heard Mr.Ranjan Kumar Singh, learned counsel for

                   the petitioner and         Mr.Ajay Kumar Jha,           learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner seeks bail, who is in custody since

                   23.03.2026 in connection with Maheshkhunt P.S. Case No.48 of

                   2026 registered for the offence punishable under Sections

                   126(2), 115(2), 109, 352,351(2), 351(3) & 3(5) of the BNS and

                   Section 27 of Arms Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others started abusing and assaulting the

                   husband of the informant. It is specifically alleged that on

                   exhortion of one Binay Kumar, Nikesh Yadav fired with country

                   made pistol and Ranvir Kumar Ranjan assaulted with lathi to the

                   informant.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.43432 of 2026(2) dt.07-07-2026
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          petitioner has clean antecedent. It appears from the FIR that

          although the petitioner is named in the FIR but there is no

          specific allegation of any assault or overt-act attributed against

          the petitioner rather there is general and omnibus allegation

          against the petitioner. Specific allegation of firing is attributed

          against co-accused person, namely, Nikesh Yadav and similarly

          situated co-accused person, namely, Brajesh Kumar @ Brajesh

          Yadav has been granted bail by a Coordinate Bench of this

          Hon’ble Court vide order dated 01.07.2026 passed in Cr. Misc.

          No.42977 of 2026, the police, after investigation, submitted the

          chargesheet against the petitioner and the petitioner is in custody

          since 23.03.2026.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent, there is no specific allegation of any assault or

          overt-act attributed against the petitioner and similarly situated

          co-accused person has been granted bail by a Coordinate Bench

          of this Hon’ble Court, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs.10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned Sub Divisional Judicial Magistrate,
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                       Khagaria/Concerned Court at Khagaria in connection with

                       Maheshkhunt P.S. Case No.48 of 2026, with the following

                       conditions:-

                                    (I) Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the Court

                       and shall remain physically present as directed by the Court and

                       on his/her absence on two consecutive dates without sufficient

                       reason, his/her bail bond shall be cancelled by the Court below.

                                    (II) If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    (III) And, further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage, it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.


                                              (Rajesh Kumar Verma, J)
Nitesh/-
U        T