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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32468 of 2026 Arising Out of PS. Case No.-641 Year-2025 Thana- RAHUI District- Nalanda ====================================================== Rajpal Kumar Son of Saryug Paswan Resident of Village- Moratalab, P.S.- Rahui (Bhagan Bigha), District- Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Informant/s : Ms. Rupa Sinha, Advocate For the Opposite Party/s : Mr. Mohammed Arif, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 07-08-2026 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant.
2. The petitioner seeks bail in connection with Rahui(Bhaganbigha) P.S. Case No. 641 of 2025 instituted for the offences under Sections 126(2), 117(2), 109(1), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution allegation, in short, is that the named accused persons, including the petitioner, allegedly assaulted the informant’s husband with iron rods and lathis during a quarrel, causing injuries to which he succumbed during treatment.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
Patna High Court CR. MISC. No.32468 of 2026(4) dt.07-08-2026 2/3 omnibus allegation has been against the petitioner. No specific allegation has been alleged against the petitioner. He further submitted that the informant has not assigned any reason or motive of the alleged occurrence, which creates doubt over the prosecution case. He further submitted that both parties are agnates. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.12.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that there is allegation against the petitioner that he along with other co-accused persons beaten the informant’s husband to death. He further submitted that the allegation is further supported by the post-mortem report of the deceased. Learned APP, further referring to the impugned order submitted that several witnesses in Paragraph Nos. 6, 7, 8, 9 and 10 have supported the prosecution case. Learned APP, therefore, submitted that petitioner does not deserve to be released on bail. It is further submitted that regular bail of other co-accused have been rejected by this Court vide order dated 21.07.2026 passed in Cr. Misc. No. 46883 of 2026.
6. Considering the aforesaid facts and circumstances of
Patna High Court CR. MISC. No.32468 of 2026(4) dt.07-08-2026 3/3 the case as also the allegation against the petitioner being corroborated by the medical evidence, this Court is not inclined to grant bail to the petitioner at this stage.
7. Accordingly, the prayer for grant of bail to the petitioner is hereby rejected.
8. Learned Trial Court is directed to expedite the trial.
sukriti/- (Rudra Prakash Mishra, J) U T