Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51598 of 2025 Arising Out of PS. Case No.-33 Year-2025 Thana- NADI P.S. District- Patna ====================================================== 1.

Rajesh Kumar S/o Dinesh Rai Resident of village- Kripaltola, P.S.- Nadi, District- Patna 2.

Jitu Kumar S/o Dinesh Rai Resident of village- Kripaltola, P.S.- Nadi, District- Patna 3.

Ravin Kumar S/o Dinesh Rai Resident of village- Kripaltola, P.S.- Nadi, District- Patna 4.

Chhotu Kumar @ Arvind Kumar S/o Devendra Rai @ Davindra Ray Resident of village- Kripaltola, P.S.- Nadi, District- Patna 5.

Pankaj Kumar S/o Nandu Rai Resident of village- Kripaltola, P.S.- Nadi, District- Patna 6.

Kanchan Kumar S/o Nandu Rai Resident of village- Kripaltola, P.S.- Nadi, District- Patna 7.

Vikram Kumar S/o Mahesh Rai Resident of village- Kripaltola, P.S.- Nadi, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-11-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 303(2), 117(2), 352, 351(2) and 351(3) of the BNS, 2023.

3. The Investigating Officer of the case and the doctor,

2/4 in compliance of the order dated 17.11.2025, are present in the Court.

4. The doctor, who is present in the Court, submits that he has submitted the injury report to the learned APP for the State, Mr. Chandra Bhushan Prasad.

5. The learned APP for the State submits that he will hand over the injury report to the Investigating Officer of the case who is present in the Court.

6. Learned counsel appearing on behalf of the petitioners submits that petitioner nos. 1, 2, 3, 5 and 7 are persons with clean antecedent and petitioner no. 4 has antecedent of two cases and petitioner no. 6 has antecedent of five case and the informant alleges that he was coming back home on 30.01.2025 by an Auto when accused persons including the petitioners intercepted him and dragged him outside the Auto, thereafter, Rajesh, Jitu and Vikram tried to kill him by wrapping towel around his neck, further Ravin assaulted by butt of pistol causing injury on head, thereafter, all the accused assaulted by rod causing fracture of waist and Pankaj snatched Rs. 3,000/- while Bittu took his chain and Surendra brought him to the hospital, further cartridges were recovered from the place of occurrence.

7. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the

3/4 informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the injury suffered by the informant has been opined to be simple in nature.

8. On query of the Court from the Investigating Officer of the case that as to whether cartridges were recovered from the place of occurrence or not, on which the Investigating Officer submits that cartridges were recovered, but not from the place of occurrence but from a different place.

9. Learned counsel appearing on behalf of the petitioners, at this stage, submits that had the injured been assaulted in the manner as alleged then definitely he would have suffered grievous injury, but then injuries are simple which amply demonstrates that petitioners for ulterior reasons have been implicated in the case. It is also submitted that petitioners will not abscond rather will cooperate in the investigation to prove their innocence.

10. Learned A.P.P. for the State fairly submits that the injury has been opined to be simple.

11. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

4/4 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nadi P.S. Case No. 33 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

12. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioners despite giving assurance to this Court are not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioners.

13. Let a copy of this order be sent to the concerned police station through the learned Trial Court.

14. Accordingly, the instant anticipatory bail application stands allowed.

15. The personal appearance of the Investigating Officer of the case and the doctor is dispensed with. (Satyavrat Verma, J) Rishabh/- U T