Guru Prasad Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33777 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- KRITYANAND NAGAR District- Purnia ====================================================== 1.
Guru Prasad Rajak S/o- Late Bhagwat Baitha @ Vishudev Rajak Resident of Bairgachhi P.S- K Nagar, Dist- Purnea 2.
Shankar Rajak @ Shankar Kumar S/o- Sri Guru Prasad Rajak Resident of Bairgachhi P.S- K Nagar, Dist- Purnea 3.
Anil Rajak @ Anil Kumar S/o- Sri Guru Prasad Rajak Resident of Bairgachhi P.S- K Nagar, Dist- Purnea 4.
Mala Devi W/o- Sri Dablu Rajak Resident of Bairgachhi P.S- K Nagar, DistPurnea 5.
Dhiraj Rajak @ Dhiraj Kumar S/o- Sri Bablu Rajak Resident of Bairgachhi P.S- K Nagar, Dist- Purnea 6.
Sagri Devi W/o- Sri Guru Prasad Rajak Resident of Bairgachhi P.S- K Nagar, Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Anand For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 13-08-2025 Mr. Amit Kumar Anand, learned counsel for the petitioners prays for withdrawal of the present anticipatory bail application on behalf of the petitioner no. 1.
2. Prayer is allowed.
3. Accordingly, the application on behalf of the petitioner no. 1 is dismissed as withdrawn. The petition now survives against petitioner nos. 2 to 6.
4. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Patna High Court CR. MISC. No.33777 of 2025(3) dt.13-08-2025 2/3
5. The petitioners are apprehending his arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2), 109, 74 and 303(2) of the B.N.S.
6. The allegation in the first information report is that as many as 16 accused persons including the present petitioners came variously armed and assaulted the informant and other persons of his family.
7. Learned counsel for the petitioners submits that the petitioners and the informant's side are agnates and there is a dispute with regard to land. There is a case and counter case and as a matter of fact, the FIR lodged by accused no. 5 against the present informant and others is earlier in point of time. It has also been submitted that there is general and omnibus allegation of assault of all the accused persons and no specific allegations have been attributed to these petitioners. Further, there is no criminal antecedent of the petitioners.
8. Learned APP for the State has opposed the grant of anticipatory bail on the ground that the injuries to some of the persons are grievous in nature.
9. Upon perusal of the bail rejection order, it appears that some of the injuries suffered by the injured persons are no
Patna High Court CR. MISC. No.33777 of 2025(3) dt.13-08-2025 3/3 doubt grievous but those are mainly on non-vital parts of the body like the left forearm and thumb etc. caused by hard and blunt object. It is also taken into consideration that there is a case and counter case between agnates and in view of the facts and circumstances, let the above named petitioners, who have no criminal antecedents, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each 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 K. Nagar P.S. Case No. 72 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J) devendra/- U T