Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11751 of 2026 Arising Out of PS. Case No.-393 Year-2025 Thana- BAKHARI District- Begusarai ====================================================== Rajan Kumar S/O Arjun Sah Village- Makkhachak, PS- Bakhri, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.N. Shahi, Sr. Adv.

Mr. Raj Kumar Sinha For the Opposite Party/s :

Mr. Abhay Kumar Roy For the informant :

Mr. Rakesh Kumar No. 01 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-05-2026 Heard the parties.

2. The petitioner seeks bail in connection with Bakhri P.S. Case No. 393 of 2025 registered for the offence under Sections 126(2), 115(2), 109, 103, 61(2), 352 and 3(5) of the BNS.

3. As per the prosecution case, the petitioner and others are alleged to have assaulted the deceased brutally, causing the death of the deceased.

4. The petitioner is in custody since 1.11.2025.

5. Learned senior counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case as altogether seven persons have been made accused in this case. He further submits that the post-mortem report itself

Patna High Court CR. MISC. No.11751 of 2026(4) dt.13-05-2026 2/3 falsifies the case of the prosecution as from the post-mortem report it is clear that the deceased has sustained two injuries out of which one is on the parietal region and the second is a simple bruise and if seven persons would have assaulted the deceased then the injuries caused would not be only two. He next submits that taking advantage of the death of the deceased, all the family members have been made accused in this case because of land dispute.

6. Learned counsel for the informant has vehemently opposed the prayer of the petitioner by submitting that the petitioner is one of the assailant of the deceased and therefore he does not deserve bail.

7. Considering the nature of allegation and the post-mortem report, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court below in connection with Bakhari P.S. Case No. 393 of 2025.

9. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at

Patna High Court CR. MISC. No.11751 of 2026(4) dt.13-05-2026 3/3 any subsequent stage of the trial and this Court has not expressed any opinion on the merits of the case. (Sandeep Kumar, J) Vikas/- U