Kajal Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31331 of 2026 Arising Out of PS. Case No.-423 Year-2025 Thana- GARKHA District- Saran ====================================================== 1.
Kajal Kumari D/o Daroga Rai R/o Village - Dariyavganj, P.S - Garkha, District - Saran 2.
Amarjeet Rai S/o Vikrama Rai R/o Village - Sadhpur, P.S - Garkha, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Tiwary, Advocate For the State :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2026 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Garkha P.S. Case No. 423 of 2025 registered for the offence under Sections 126(2), 329(4), 109, 115(2), 324(4), 324(5), 303(2) and 3(5) of the B.N.S., lodged on 06.06.2025 by the informant, Chandradeep Rai.
3. As per the prosecution story, the informant alleged that the named accused alongwith some unknown came to his shop, armed variously and the order of Babunti Devi, Dargoga Rai gave gandasa blow on the head while Vikash Kumar gave iron rod blow on the shoulder. Arti Devi gave lathi blow to Abhishek Kumar and they ensured that the shop is damaged.
Patna High Court CR. MISC. No.31331 of 2026(2) dt.07-05-2026 2/3 This led to the F.I.R.
4. Learned counsel for the petitioner submits that a perusal of the F.I.R. would show that save and except that they have been named in it, no role has been assigned to him. Both the petitioners have no criminal antecedent, one of them is lady.
5. Learned APP opposes the prayer submitting that their name stands in the F.I.R..
6. Considering the submissions of the parties as also that the role has been assigned to Daroga Rai, Vikash Kumar and Arti Devi of assault, no role has been assigned to this petitioner, they do not have criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Saran at Chapra, in connection with Garkha P.S. Case No. 423 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioners who shall provide official
Patna High Court CR. MISC. No.31331 of 2026(2) dt.07-05-2026 3/3 document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioners shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iii) the petitioners 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 cancellation of his/her bail bond by the Trial Court itself; (iv) the petitioners 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;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T