Patna High Court
Rakesh Choudhary @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The High Court granted anticipatory bail to the petitioners, subject to bond, sureties and conditions under Section 482(2) of the CrPC.
Summary
The petitioners, Rakesh Choudhary and Khusabu Devi, applied for anticipatory bail after being implicated in a criminal case (Hayaghat P.S. Case No.62 of 2024) under IPC sections 341, 323, 325, 308, 379, 504 and 34 for alleged assault with an iron rod and a tengari, robbery of a gold chain and cash. They contended that the case was false, filed as a retaliatory measure following a land‑dispute, and that they have no prior criminal record. The State opposed the bail, emphasizing the seriousness of the offences. The High Court, after considering the submissions and the fact that the charge‑sheet had already been filed, held that there was no likelihood of evidence tampering or the petitioners absconding. Consequently, the Court granted anticipatory bail subject to a bond of Rs.10,000 each, two sureties of equal amount, and compliance with conditions under Section 482(2) of the CrPC. The order directed the petitioners to surrender before the Additional Chief Judicial Magistrate within six weeks.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple serious offences under the IPC.
- Whether there is a risk of the petitioners tampering with evidence or absconding.
- Whether the allegations of false prosecution and delay in filing affect the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 308, 323, 325, 34, 341, 379, 504
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- assault
- robbery
- false prosecution
- bail conditions
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78412 of 2025
Arising Out of PS. Case No.-62 Year-2024 Thana- HAYAGHAT District- Darbhanga
======================================================
1. Rakesh Choudhary @ Rakesh Kumar S/O Shiv Kishor Choudhary Resident
of Dhobopur Bansara, P.S.- Hayaghat, Dist.- Darbhanga
2. Khusabu Devi @ Khushboo Jaiswal W/O Rakesh Choudhary @ Rakesh
Kumar Resident of Dhobopur Bansara, P.S.- Hayaghat, Dist.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Hayaghat P.S. Case No.62 of 2024 instituted under
Sections 341, 323, 325, 308, 379, 504 and 34 of the Indian
Penal Code.
3. As per the prosecution case, due to land dispute
petitioner no.1 assaulted on the hands of the informant with iron
rod and petitioner no.2 assaulted with tengari on the hands of
the wife of the informant. It is further alleged that petitioner
no.1 snatched golden chain from the neck of the informant and
also snatched Rs. 2,000/- from his pocket.
Patna High Court CR. MISC. No.78412 of 2025(2) dt.05-01-2026
2/3
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that the alleged case has been filed as a
counterblast of Hayaghat P.S. Case no. 57 of 2024 after delay of
11 days without any explanation of delay. He submits that
petitioner no.1 is son of informant whereas petitioner no.2 is
daughter-in-law of the informant and on the instigation of the
brother of the petitioner no.1, the informant has filed this false
case. He further submits that informant and his wife fell down
on pakka when they tried to pacify the dispute between the
brother in which the informant sustained injury on his hand
which is none vital part of the body and the injuries of wife of
the informant is simple in nature. He submits that the
investigation of the case has already been completed and the
charge-sheet has already been submitted. There is no chance of
any tempering with the evidence or absconding the petitioners.
The petitioners have no criminal antecedent and they undertake
to cooperate in the trial and investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
Patna High Court CR. MISC. No.78412 of 2025(2) dt.05-01-2026
3/3
of arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail upon furnishing
bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount to each to the satisfaction of the
learned Additional Chief Judicial Magistrate, VI, Darbhanga in
connection with Hayaghat P.S. Case No.62 of 2024, subject to
the conditions laid down in Section 482(2) of the BNSS.
(Sunil Dutta Mishra, J)
AjayMishra/-
U T
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