Rajnish Kumar @ Rajneesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46069 of 2025 Arising Out of PS. Case No.-393 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Rajnish Kumar @ Rajneesh Kumar S/O Devan Rai @ Dewan Rai Resident Of Village- Chamtha Lakshman Tol, PS- Bachhwara, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindhyachal Singh, Sr. Advocate Ms. Nikita Mittal, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bachhwara P.S. Case No. 393 of 2024, instituted for the offences punishable under Sections 103(1), 115(2), 351 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioner along with other co-accused persons assaulted the deceased by means of bricks, stones, lathi, etc.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.46069 of 2025(2) dt.28-07-2025 2/3 the petitioner also submits that there is no specific allegation of assault against the petitioner. It is further submitted that the petitioner is only named in the FIR and except that there is no any substantive evidence against the petitioner. The petitioner is in custody since 09.04.2025 and has got one criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 28.03.2025 passed in Cr. Misc. No. 12030 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bachhwara P.S. Case No. 393 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
Patna High Court CR. MISC. No.46069 of 2025(2) dt.28-07-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T