Bikki Rawat @ Satish Kumar Rawat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36667 of 2025 Arising Out of PS. Case No.-318 Year-2023 Thana- JHAJHA District- Jamui ====================================================== 1.
Bikki Rawat @ Satish Kumar Rawat S/O Munna Rawat @ Ashok Kumar Rawat R/O Village and Post- Dhamna, PS- Jhajha, Distt- Jamui 2.
Barku Rawat @ Bhanu Uday Kumar S/O Munna Rawat @ Ashok Kumar Rawat R/O Village and Post- Dhamna, PS- Jhajha, Distt- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sumiran Rai, Advocate For the State :
Mr. Ajay Kumar No. 2, APP For the informant :
Mr. R.P. Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-09-2025 Heard learned Counsel for the petitioners and learned APP for the State and learned counsel for the Informant.
2. The petitioners apprehend their arrest in connection with Jhajha P.S. Case No. 318 of 2023 for the offence registered under sections 147, 149, 323, 307, 447, 427, 337, 504 and 506 of the Indian Penal Code lodged on 27.06.2023 by the informant, Rajeev Ranjan.
3. As per the prosecution story, the informant alleged that due to land dispute, he was assaulted by Ranjan Rawat. When the brother Rakesh Kumar came to rescue, allegation is that all the accused persons armed variously brutally assaulted him. He was referred to Government Hospital, Jhajha and then to PMCH where after the FIR.
2/4
4. Learned Counsel for the petitioners submit that in a zeal to implicate everyone, one Dilip Rawat has also been made FIR accused though he had no role to play. Further, the different paragraphs shows that they have closed the access to the door of the accused persons. The final form was submitted against these two petitioners but later cognizance has been taken necessitating this anticipatory bail application. They have no criminal antecedent and Co-ordinate Bench in the case of Cr. Misc. No. 68525 of 2023 (Shankar Rawat vs. Sanjay Rawat) have been extended relief.
5. Learned counsel for the informant, on the other hand, opposes the prayer for anticipatory bail submitting that though omnibus in nature, assault theory is there and the injury has been found to be grievous in nature.
6. Considering the submissions of the parties as also taking into account that so far as these two petitioners are concerned, final form was submitted but later cognizance taken, have no criminal antecedent, Co-ordinate Bench has extended relief to the similar situated accused, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. Let the petitioners in the event of arrest or
3/4 surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 318 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document to show his bona fide;
(ii) 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 bail bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark attendance;
(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
4/4 criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Raj Ranjan/- U T