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2026 DAILYLAW 5115 (PAT)

Ashok Rajak v. The State of Bihar

CR. MISC./13079/2026 · 2026-02-25

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13079 of 2026 Arising Out of PS. Case No.-26 Year-2025 Thana- HARINMAR District- Munger ====================================================== 1. Ashok Rajak S/O Late Baso Rajak Resident Of Village - Goraiya Bathan, P.S- Gogari Jamalpur, Dist.- Khagaria 2. Gareeb Yadav S/O Late Gohal Yadav Resident Of Village - Goraiya Bathan, P.S- Gogari Jamalpur, Dist.- Khagaria. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Indu Bhushan, Advocate For the Opposite Party/s : Mr.Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 25-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Harinmar P.S. Case No. 26 of 2025 instituted for the offence under Sections 191(2), 191(3), 190, 109, 303(2), 115(2), 352 & 351(2) of the Bharatiya Nyaya Sanhita, 2023 and u/s 27 of the Arms Act. 3. The prosecution case, in brief, is that on 30.06.2025, while the informant’s minor son was ploughing his field with tractor, the accused persons, armed with firearms, forcibly stopped him, abused and assaulted him and on the order of co- accused, namely, Kshatri Yadav, co-accused, Vikash Yadav fired a pistol causing firearm injury to the victim’s leg. It is also Patna High Court CR. MISC. No.13079 of 2026(2) dt.25-02-2026 2/3 alleged that during the assault, cash of Rs. 3,500/- and a gold chain were also snatched. 4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that specific allegation is against co-accused Kshatri Yadav, who is order giver and co-accused Vikas Yadav opened firing upon Golu Kumar. He further submits that as per F.I.R. six persons have taken Rs.3500/- from the pocket of Golu Kumar and Golden chain has been snatched by co-accused Gareeb Yadav. He further submitted that occurrence took place on 30.06.2025, but F.I.R. has been lodged on 13.07.2025. Learned counsel further submitted that at the time of occurrence, petitioners were only member of the mob. There is subsisting land dispute between the parties. It has been submitted on behalf of the petitioners that petitioner no.1 has no criminal antecedent, whereas petitioner no.2 has one criminal antecedent. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of their arrest/surrender before the learned Court below within a period Patna High Court CR. MISC. No.13079 of 2026(2) dt.25-02-2026 3/3 of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harinmar P.S. Case No. 26 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. manish/- (Rudra Prakash Mishra, J) U T