Raja Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8096 of 2025 Arising Out of PS. Case No.-270 Year-2024 Thana- TARAPUR District- Munger ====================================================== 1.

Raja Kumar Rajak, S/o Bablu Rajak R/o Village- Patel Nagar, Maharanisthan, P.S- Sultanganj, Distt- Bhagalpur. 2.

Kailash Rajak, S/o Late Saryug Rajak, R/o vill - Manikpur, P.S.- Tarapur, Distt.- Munger.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Kumar Kamal Nayan, Advocate For the State :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Tarapur PS. Case No.270 of 2024, Dated-04.10.2024, registered for the offences punishable under Sections 329(3), 126(2), 115(2), 109, 118(1), 76, 303(2), 352, 351(2), 3(5) of the B.N.S., 2023.

3. Learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He further submits that similarly situated co-accused have been enlarged on anticipatory bail by a co-ordinate bench of this

Patna High Court CR. MISC. No.8096 of 2025(3) dt.13-05-2025 2/3 Court vide order dated 12.02.2025 passed in Cr. Miscellaneous No. 4288 of 2025.

4. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

5. It has further been stated in paragraph no.3 of the petition that the petitioner no.1 has been made accused in one other case, whereas, the petitioner no.2 has no criminal antecedents.

6. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

7. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Tarapur PS. Case No.270 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

Patna High Court CR. MISC. No.8096 of 2025(3) dt.13-05-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U T