Patna High CourtCR. MISC./3503/2026bail granted

Rajendra Rai v. The State Of Bihar

2026-01-28Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3503 of 2026 Arising Out of PS. Case No.-62 Year-2025 Thana- AKILPUR District- Saran ====================================================== Rajendra Rai S/o- Late Jainath Rai RO Village- Pakauliya PS-Akilpur District- Saran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 28-01-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Akilpur P.S. Case No. 62 of 2025, F.I.R dated 09.06.2025 registered for the offences punishable under Sections 126(2), 115(2), 109, 125(a), 125(b), 329(3), 352, 351(2), 351(3) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

3. According to prosecution case, informant Tarkeshwar Rai, alleged that after the marriage of his daughter Priyanka to Mahesh Rai, his co-villager Vikash Kumar began harassing her over phone. When the informant's wife, July Devi, questioned with Vikash then the accused persons, including Rajendra Rai (petitioner), Vikash Kumar and others attacked the informant's wife on 28.05.2025 about 10:00 PM. Vikash Kumar gagged her mouth, while two women assaulted her with bricks

Patna High Court CR. MISC. No.3503 of 2026(2) dt.28-01-2026 2/3 on the stomach with intent to kill, causing severe bleeding. Vikash Kumar also allegedly snatched her ornaments. Thereafter, injured was shifted through multiple hospitals for treatment.

4. Learned counsel for the petitioner submits that merely the reference of name of this petitioner has been made in the First Information Report while there is nothing specific against this petitioner, whereas the allegations of overt act for causing injuries to the informant's wife is against Vikash Kumar, Sumitra Devi and Sunita Devi and the petitioner is an old age person having clean antecedent.

5. Learned APP for the State opposes the prayer for anticipatory bail application but is not in a position to controvert the submission of the counsel for the petitioner insofar as their being no specific allegations of overt act or having caused injury to the informant's wife in any manner.

6. Considering the aforesaid facts and circumstances and the petitioner has clean antecedent. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.

7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.3503 of 2026(2) dt.28-01-2026 3/3 satisfaction of the learned J.M. 1st Class, Saran at Chapra in connection with Akilpur P.S. Case No. 62 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) abhishekkr/- U T