Rajan Prasad @ Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48352 of 2026 Arising Out of PS. Case No.-554 Year-2025 Thana- MAHARAJGANJ District- Siwan ====================================================== Rajan Prasad @ Rajan Kumar S/o Bhagwan Prasad Resident of Village - Gaur, P.s. - Maharajganj, Dist. - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-07-2026 Heard the learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Maharajganj P.S. Case No. 554 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) & 3(5) of the BNS.

3. On account of a dispute between the parties in course of flying of kite, the petitioner allegedly armed with iron rod rushed to the place of occurrence and started abusing the informant; when protest was made, this petitioner brutally assaulted the informant over his head by means of iron rod, due to which, he sustained serious injury.

4. Learned Advocate for the petitioner submitted that the genesis of the occurrence is a trifle, resulting into scuffle

Patna High Court CR. MISC. No.48352 of 2026(2) dt.22-07-2026 2/3 between the two families, leading to some unfortunate injuries. Moreover, the injuries, which is allegedly sustained to the informant, one of which is found to be grievous in nature, but the same is on non-vital part and a bare fracture of ring finger. It is further contended that there is counter version of the present case, being Maharajganj P.S. Case No. 559 of 2025, instituted against the informant and others. The petitioner though bears one criminal antecedent, however, he is on bail in the said case.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the informant has sustained grievous injury, which is attributed to the petitioner.

6. Having considered the submissions advanced by learned Advocate for the respective parties and considering the genesis of the occurrence, coupled with the injury over non-vital part, besides the factum of case and counter case, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Siwan in

Patna High Court CR. MISC. No.48352 of 2026(2) dt.22-07-2026 3/3 connection with Maharajganj P.S. Case No. 554 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) sumit/- U T