Rajesh Kumar @ Mallu @ Mallu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6259 of 2026 Arising Out of PS. Case No.-276 Year-2025 Thana- OBRA District- Aurangabad ====================================================== 1.
Rajesh Kumar @ Mallu @ Mallu Kumar S/O Yugesh Singh Resident of village Baran bigha, P.S.Barun, District Aurangabad (Bihar) 2.
Rajaram Singh @ Rajram Singh S/O Late Ganga Singh R/O Vill.- Luka, P.S. - Pauthu, District - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Aman Vishal, Advocate Ms. Leelawati Kumar, Advocate For the State :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-02-2026 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 190, 191(2), 115(2), 126(2), 117(2), 109(1), 352, 351(2) and 303(2) of the B.N.S..
3. As per prosecution case, it is alleged that on 02.08.2025 at about 8:30 PM, all the F.I.R. named accused persons, including these petitioner, forcibly entered the house of informant, abused them and assaulted informant and his family members and also snatched gold chain from neck of family members of informant.
Patna High Court CR. MISC. No.6259 of 2026(2) dt.11-02-2026 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on account of land dispute between the parties, a free fight took place in which both sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Similarly situated co-accused persons have already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 05.01.2026 passed in Cr. Misc. No. 82864 of 2025. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case between the parties, claim based on parity and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.6259 of 2026(2) dt.11-02-2026 3/3 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar Aurangabad in connection with Obra P.S. Case No. 276 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T