Rajendra Singh @ Rajendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36913 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Rajendra Singh @ Rajendra Prasad Singh S/O Budhu Singh R/O VillageLodipur Mansurpur, P.S- Khusrupur, Distt.- Patna. 2.

Rakesh Kumar S/O Rajendra Singh @ Rajendra Prasad Singh R/O VillageLodipur Mansurpur, P.S- Khusrupur, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. At the very outset, learned counsel for the petitioners prays for withdrawal of this anticipatory bail application on behalf of petitioner no.2 as he has been arrested.

3. Permission is accorded.

4. Accordingly, this application is dismissed as withdrawn on behalf of petitioner no.2.

5. Now, this application survives only for petitioner no.1.

6. Petitioner no.1 apprehends his arrest in a case registered for the offences punishable under Sections 191(2),

Patna High Court CR. MISC. No.36913 of 2025(3) dt.06-08-2025 2/3 191(3), 190, 103 (1) and 115 (2) of the B.N.S.

7. The allegation made in the first information report is against 23 accused persons that they came variously armed to the house of the informant and resorted to assault. There is specific allegation on four persons, who also resorted firing and one Gautam Kumar fired upon the son of the informant which hit at his back and while taking away for treatment he died on way.

8. It is submitted by learned counsel for the petitioner that it would be apparent from the first information report itself that there is no specific allegation against petitioner no.1. He neither instigated nor fired and the only allegation against him is that he was also one of the 23 F.I.R. named persons who assaulted by means of fat and fists. The genesis of the present occurrence is pending litigation between the parties. It is pointed out that petitioner no.1 had earlier lodged an F.I.R. against the cousin brother of the deceased.

9. Learned APP for the State opposed the prayer for bail.

10. Taking into consideration the facts and circumstances of the case, let the above named petitioner no.1, be released on bail, in the event of his arrest or surrender before

Patna High Court CR. MISC. No.36913 of 2025(3) dt.06-08-2025 3/3 the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 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 Khushrupur P.S. Case No.43 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(Soni Shrivastava, J) Trivedi/- U T