Rajkishor Chaudhary @ Rajkishor Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34569 of 2026 Arising Out of PS. Case No.-22 Year-2026 Thana- Nawalpur District- West Champaran ====================================================== Rajkishor Chaudhary @ Rajkishor Kumar S/o Dalan Chaudhary @ Lalan Chaudhary Resident of Village- Piprahiya, P.S.- Nawalpur, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2026 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner and the State through virtual mode.
2. The petitioner is apprehending arrest in connection with Nawalpur P.S. Case No. 22/2026 instituted under Sections 126(2), 115(2), 109, 352, 3(5) of BNS lodged on 17.01.2026 by the informant, Rakesh Kumar.
3. As per the prosecution story, the informant alleged that the petitioner took him for a walk and later other accused persons accompanied him and decided to assault. The allegation against this petitioner is of using knife causing injury on the thigh, while Mohan Chaudhary and Pappu Chaudhary also caught hold of him. He was shifted to G.M.C.H., Bettiah which followed the FIR.
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4. Learned counsel for the petitioner submits that the allegation is of 27.12.2025, but the FIR has been lodged on 31.12.2025 and the delay has not been recorded in it. Actually, the petitioner after harassing the female inmate, was trying to escape and fell down which resulted into the injury. The fact that the injury has been found to be simple in nature, supports the contention put forward by him.
5. Learned APP opposes the prayer submitting that the allegation of taking him away and causing injury is attributed to this petitioner.
6. Considering the submissions of the parties as also the fact that the injury has been found to be simple in nature, this petitioner has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Nawalpur P.S. Case No. 22 of 2026 to the satisfaction of learned J.M. 1st Class, Bettiah, West Champaran subject to the conditions as laid down under
3/4 Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police station as and when required for cooperating in the investigation;
(iii) the petitioner 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 bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (v) the petitioner 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;
(vi) the petitioner shall desist from committing any
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/S. Prasad U T