Rakesh Bhagat @ Rakesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33326 of 2026 Arising Out of PS. Case No.-340 Year-2025 Thana- RAGHOPUR District- Vaishali ====================================================== Rakesh Bhagat @ Rakesh Paswan S/o Lakhan Bhagat Resident of Village - Fatepur Khudgaas, P.S.- Raghopur, District -Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Singh, Adv.
Ms. Rashmi, Adv.
Ms. Pragya, Adv.
For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 18-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual Mode.
2. The petitioner apprehends his arrest in connection with Raghopur P.S. Case No. 340 of 2025 dated 22.12.2025 registered for the offences punishable under Sections 191(2), 191(3), 115(2), 117(2), 117(4), 303(2), 352 and 351(3) of the B.N.S.
3. The allegation against the petitioner is that he has dragged the informant on the ground with the help of a towel
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4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated along with 15 other accused persons in an incident where both the parties had sustained injuries. It has further been submitted that there is a case and counter case for the said incident and one Raghopur P.S. Case No. 341 of 2025 was lodged on behalf of the petitioner, and the informant of the present case, namely, Binod Mahto, is one of the accused in the said case. It has further been submitted that the petitioner has falsely been implicated only on account of the dispute between the two sides and the present false and concocted case has been lodged. It has lastly been submitted that the petitioner has clean antecedent.
5. The learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, and also taking into account that there is no specific allegation of assault against the petitioner, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bond of Rs.
3/4 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Raghopur P.S. Case No. 340 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) The trial court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedents, the trial court shall take necessary steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.
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7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J) Gautam/Anjali U T