Rajnish Kumar @ Lalan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32564 of 2025 Arising Out of PS. Case No.-122 Year-2024 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Rajnish Kumar @ Lalan Kumar S/O Suresh Yadav @ Suresh Kumar Village - Bikuganj (Dhaknapar) , P.S.- Neemchak Bathani, District -Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Durgesh Nandan, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 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 apprehends his arrest in connection with Nimchak Bathani P.S. Case No.122 of 2024, for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379 and 504 of the IPC.
3. As per the prosecution, FIR has been lodged against 10 named accused persons including the present petitioner with allegation that all accused persons have assaulted the informant and his family members by iron rod due to which injury has
Patna High Court CR. MISC. No.32564 of 2025(4) dt.13-08-2025 2/3 been caused.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the present case is result of political rivalry and with a view to harass the petitioner, a false case has been lodged. He further submits that the said occurrence has taken place on 04.06.2024 and information has been received to police station on 18.06.2024 i.e., delay of about 3 days.
5. Counsel submits that the criminal antecedent of the petitioner is clean and one of the co-accused, namely, Nitish Kumar has assaulted the informant by rod due to which injury has been caused, but the said co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 07.03.2025 passed in Cr. Misc. No. 84779 of 2024. Counsel further submits that nature of injury is simple in nature.
6. Learned APP for the State opposes the prayer for bail of the petitioner and fairly submits that from the supplementary affidavit, it shows that the nature of injury is not grievous.
7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the
Patna High Court CR. MISC. No.32564 of 2025(4) dt.13-08-2025 3/3 learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of A.C.J.M., Gaya in connection with Nimchak Bathani P.S. Case No.122 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Prakashmani/- U T