Patna High Court
Raj Kishor @ Raj Kishor KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court held that anticipatory bail must be granted as the petitioner has a clean antecedent and the only allegation against him is the alleged snatching of a gold chain, not assault.
Summary
Petitioner Raj Kishor was arrested in connection with a violent incident on the Melwa–Madhubani road where a group allegedly destroyed a newly constructed road and assaulted an informant. The prosecution alleged that Raj Kishor snatched the informant's gold chain, while other co‑accused committed stabbing, robbery and assault. The petitioner contended that he was falsely implicated due to village politics and that there was no specific allegation of assault against him, only the alleged theft, and he has a clean antecedent. The State opposed bail, but the court noted the lack of direct evidence of violent conduct by the petitioner and the political motive. Consequently, the court granted anticipatory bail under Section 482 of the Bihar Negotiable and Settlement Act, subject to a bond of Rs.10,000 with two sureties, one of whom must be a close relative, and a four‑week validity period.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the Bihar Negotiable and Settlement Act.
- Whether the allegations against the petitioner constitute a sufficient ground to deny bail.
Subjects
- anticipatory bail
- political victimisation
- theft
- criminal procedure
- Section 482
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6042 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Raj Kishor @ Raj Kishor Kumar Son of Maharaj Mahto R/o Village-
Mahadeo Tola Madhubani, P.S.- Ghorasahan, District- East Champaran,
Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Pramod Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Ghorasahan P.S. Case No. 86 of 2025 for the
offence under Sections 126(2), 115(2), 118(1), 117(2), 109(1),
308(2), 303(2), 324(4), 352, 351(3) and 3(5) of the BNS.
3. As per the prosecution story, the informant has
alleged that on 17.03.2025 at about 4:30 PM, while supervising
PCC work on the Melwa–Madhubani road carried out by Vijay
Champaran Construction Pvt. Ltd., a group of persons, namely
Jairam Prasad, Mola Kumar, Amit Kumar, Anuj Kumar,
Pramod, Raj Kishore (petitioner), along with 2–3 unknown,
came together and started destroying the newly constructed
Patna High Court CR. MISC. No.6042 of 2026(2) dt.04-02-2026
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road. When he objected, co-accused - Jairam Prasad stabbed
him in the neck with a knife, co-accused - Anuj Kumar struck
his head with a rod, and the others assaulted him be means of
sticks. During the attack, co-accused - Amit Kumar stole his
mobile phone, co-accused - Pramod took Rs. 5,000/- from his
pocket, and Raj Kishore (petitioner) snatched his gold chain.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has falsely been implicated in the
present case due to village politics. There is no specific
allegation against the petitioner of assaulting anyone. The only
allegation against the petitioner is that he snatched the golden
Hanumani from the neck of the informant. A statement has been
made in para 3 of the bail application that petitioner has clean
antecedent.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court is
inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the date
of receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate,
Patna High Court CR. MISC. No.6042 of 2026(2) dt.04-02-2026
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Dhaka, East Champaran, Motihari, in connection with
Ghorasahan P.S. Case No. 86 of 2025 subject to the conditions
as laid down under Section 482 of B.N.S.S., as also with the
condition that one of the bailors should be close relative of the
petitioner.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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