Subhash Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14060 of 2025 Arising Out of PS. Case No.-270 Year-2024 Thana- TARAPUR District- Munger ====================================================== Subhash Rajak Son of Late Saryug Rajak Resident of Village - Manikpur, P.S.- Tarapur, Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 329(3), 126(2), 115(2), 109, 118(1), 76, 303(2), 352, 351(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that the accused persons including the petitioner belonged to one family and are her neighbour. Further, the accused persons were drinking on their terrace and were using abusive language amongst themselves, hence, her son, Gyandeo Rajak went to make them understand when Awdhesh Rajak assaulted Gyandeo Rajak by a sharpedged weapon causing injury on his head and he became unconscious and thereafter

Patna High Court CR. MISC. No.14060 of 2025(2) dt.07-11-2025 2/3 took out his golden chain and Rs. 10,000/- while Kailash Rajak acted inappropriately with Anjana Devi thereafter petitioner assaulted her husband, namely, Dinesh Rajak by Kudal causing injury on his head thereafter Raja Kumar threatened with a gun while Roushan Kumar and Aakash Kumar assaulted Rahul Kumar by brick causing injury on his head. It is also alleged that bleeding of Gyandeo's head was not stopping.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant with an allegation that he assaulted the husband of the informant. It is further submitted that even presuming what has been alleged is true without admitting then the injury suffered by the husband of the informant is simple in nature as pleaded at para 14 of the anticipatory bail application. It is next submitted that petitioner is not a criminal.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.14060 of 2025(2) dt.07-11-2025 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Tarapur P.S. Case No. 270 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Satyavrat Verma, J) Kundan/- U T