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Patna High CourtCR. MISC./15468/2026partly allowed disposal

Rajeev Kumar v. The State Of Bihar

2026-04-29Mr. Justice Ajit Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15468 of 2026 Arising Out of PS. Case No.-65 Year-2025 Thana- Chakia District- Begusarai ====================================================== 1.

Rajeev Kumar S/o Late Gareeb Prasad @ Garib Yadav R/o VillageBariyahi, Police Station- Chakia, District - Begusarai 2.

Bholu Kumar @ Ankit Kumar S/o Rajeev Kumar R/o Village- Bariyahi, Police Station- Chakia, District - Begusarai 3.

Sikandra Yadav @ Shiv Shankar Yadav @ Shivshankar Yadav S/o Late Ramchandra Gop @ Ramchandra Yadav @ Ramchandu Yadav R/o VillageBariyahi, Police Station- Chakia, District - Begusarai 4.

Arun Yadav S/o Late Ramchandra Gop @ Ramchandra Yadav @ Ramchandu Yadav R/o Village- Bariyahi, Police Station- Chakia, District - Begusarai 5.

Manisha Kumar Yadav @ Manish Kumar @ Manish Kumar S/o Sikandra Yadav @ Shiv Shankar Yadav @ Shivshankar Yadav R/o Village- Bariyahi, Police Station- Chakia, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP For the Informant :

Mr. Kumar Binode Bariar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 29-04-2026 Heard the learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. At the outset, learned counsel for the petitioners submits that during the pendency of the instant anticipatory bail application, the petitioner no. 1 has been taken under judicial custody and therefore the learned counsel for the petitioners prays for withdrawal of the anticipatory bail application in

2/4 respect of petitioner no. 1.

3. Permission is accorded.

4. The anticipatory bail application of the petitioner no. 1 is dismissed as withdrawn.

5. The petitioner nos. 2,3,4 and 5 are apprehending their arrest in connection with Chakia P.S. Case No. 65/2025 F.I.R dated 01.10.2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 115(2), 126(2), 303(2) of the Bharatiya Nyaya Sanhita, 2023.

6. According to prosecution case, the petitioners along with 20-25 unknown persons armed with weapons are alleged to have assaulted and threatened the informant and looted articles and cash and thereafter set the mill on fire by sprinkling petrol.

7. Learned counsel for the petitioners submits that the petitioners are innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The petitioners have got no criminal antecedent as stated in para. 3 of the bail petition.

8. Learned APP for the State opposes the prayer for anticipatory bail application. Learned counsel for the informant on the other hand appeared suo moto and submitted that the petitioner no. 1 is the person behind all the incident. The

3/4 specific allegation of causing fire is against the petitioner no. 5

9. Considering the aforesaid facts and circumstances that there is general and omnibus allegation against the petitioner nos. 2,3,4 and 5. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner nos. 2,3,4 and 5.

10. Let the petitioner nos. 2,3,4 and 5, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, Begusarai in connection with Chakia P.S. Case No. 65/2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail

4/4 cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) atul/- U T