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2026 DAILYLAW 7465 (PAT)

RajKumar Rajak v. The State of Bihar

CR. MISC./19640/2026 · 2026-04-07

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19640 of 2026 Arising Out of PS. Case No.-166 Year-2025 Thana- BARHAT District- Jamui ====================================================== 1. RajKumar Rajak S/o Klit Rajak @ Kalit Rajak R/o Village - Tetariya, P.S - Barhat, District - Jamui 2. Pawan Rajak S/o Kartik Rajak R/o Village - Tetariya, P.S - Barhat, District - Jamui ... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 07-04-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 352, 351(2) and 3(5) of BNS. 3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of two cases but then he was acquitted in one case and petitioner no. 2 is a person with clean antecedent and the informant alleges that accused persons including the petitioners came on 09.11.2025 at 04:00 PM and started abusing, on objection, Rajkumar (petitioner no.1) assaulted the informant by rod causing injury on head while Patna High Court CR. MISC. No.19640 of 2026(2) dt.07-04-2026 2/3 Pawan Rajak (petitioner no. 2) assaulted him by khanti causing injury over the ear, thereafter, Nandu assaulted Naresh by farsa causing injury on head while Bhagirath assaulted Naresh by stone causing injury on hand, thereafter Ranjan and Ravindra assaulted Mithilesh by kudal and lathi and Ashok assaulted Babita on chest and other part of the body by lathi while Mukesh Rajak assaulted Mukesh Kumar by lathi. 4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant, it is next submitted that on account of dispute relating to land an altercation had taken place and both side assaulted each other. It is further submitted though it is alleged that petitioner no. 2 assaulted the informant by khanti causing injury over the ear but then no injury over the ear was found. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that the injury suffered by the informant has been opined to be dangerous to life as has been recorded in the order impugned. It is also pointed out based on the pleadings made in the anticipatory bail application that the order impugned wrongly records the name of informant as Manish, but then is not in a position to rebut the submission of the learned counsel appearing for the petitioners Patna High Court CR. MISC. No.19640 of 2026(2) dt.07-04-2026 3/3 that no injury over the ear of the informant was found. 6. Considering the submissions made by the learned counsel for the parties, the petitioner no. 2, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barhat P.S. Case No. 166 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS. 7. The Court is not inclined to extend the privilege of anticipatory bail to the petitioner no. 1, namely, Rajkumar Rajak. Gaurav Sinha/- (Satyavrat Verma, J) U T