Mani Kant Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21236 of 2025 Arising Out of PS. Case No.-269 Year-2024 Thana- PASRAHA District- Khagaria ====================================================== Mani Kant Rajak S/o- Late Jitendra Rajak Village- Dudhaila Ps- Pasraha DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-04-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehend his arrest in connection with Pasraha P.S. Case No.269 of 2024 (G.R.No.3417 of 2024) lodged on 03.11.2024, for the offences punishable under Sections 126(2), 115(2), 109(1), 117(2), 352, 351(2) and 3(5) of the BNS, 2023.

3. As per the prosecution, FIR has been lodged against the five named accused persons including the petitioner with allegation of threat and abuse and also assault of the informant due to the reason that the informant has denied to do his

Patna High Court CR. MISC. No.21236 of 2025(2) dt.23-04-2025 2/3 construction work.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner has been falsely implicated in the present case. He submits that for the same date and place of occurrence, there is case and counter-case lodged from both the sides. The informant has lodged case i.e., Pasraha P.S. Case No.269 of 2024 (present case) and the petitioner has lodged case i.e., Khagaria SC/ST P.S. Case No.42 of 2024.

5. Counsel submits that the criminal antecedent of the petitioner is not clean and there are five criminal case pending against him in which he is on bail. He further submits that petitioner is named in the FIR.

6. Learned APP for the State opposes the prayer for bail and submits that the petitioner is named in the F.I.R. There is specific allegation in the FIR against the petitioner. He further submits that there is case and counter case lodged from both the sides.

7. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

8. However, trial court is directed to consider the

Patna High Court CR. MISC. No.21236 of 2025(2) dt.23-04-2025 3/3 regular bail application of the petitioner, if he surrenders within 4 weeks from today and prays for regular bail, then trial court shall pass order on merit without being prejudice of the present order preferably on the same day.

(Dr. Anshuman, J.) Prakashmani/- U T