Rajesh Kumar Gurmaita @ Rajesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4272 of 2026 Arising Out of PS. Case No.-141 Year-2025 Thana- KHAJAULI District- Madhubani ====================================================== Rajesh Kumar Gurmaita @ Rajesh Kumar Yadav S/o Dhanik Lal Gurmaita, R/o Village - Sukki, P.S - Khajauli, District - Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Ranjay Kumar, Advocate Mr. Ravi Prakash, Advocate Mr. Udeshya Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Khajauli P.S. Case No. 141 of 2025 dated 17.07.2025, registered for the offences punishable under Sections 126(2), 115(2), 109 and 61(2) read with Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.

3. As per the prosecution case, the co-accused persons surrounded the motorcycle of the informant and coaccused Suresh Paswan and Nand Kishore Singh fired upon the informant and the informant received fire-arm injuries and fell down. Thereafter, this petitioner and other co-accused persons surrounded him. The informant was thereafter, referred to higher

Patna High Court CR. MISC. No.4272 of 2026(2) dt.28-01-2026 2/3 centre for his treatment. The whole occurrence took place in the background of land dispute with co-accused persons.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in the present case. The allegation against the petitioner is general and omnibus with other co-accused persons. Altogether, nine persons have been made accused in this case including the petitioner, but the allegation is levelled mainly against coaccused persons, namely Ashok Kumar Singh, Suresh Paswan and Nand Kishore Singh. The background of land dispute is admitted. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 15.10.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-specific nature of allegation levelled against the petitioner and also considering petitioner's clean antecedent, his period of custody and submission of chargesheet, the petitioner, abovenamed, is directed to be released on bail, on furnishing bail

Patna High Court CR. MISC. No.4272 of 2026(2) dt.28-01-2026 3/3 bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Madhubani / concerned Court, in connection with Khajauli P.S. Case No. 141 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T