Rajnish Singh @ Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51173 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== 1.

Rajnish Singh @ Rajnish Kumar S/O Omprakash Singh @ Omprakash Rai R/O Village- Bagahi Ahirani Tola, P.S- Bairiya, Distt.- West Champaran and presently residing at ITI Dhangad Toli, Ward No. 30, P.S- Bettiah Muffasil, Distt.- West Champaran.

2.

Bikash Kumar @ Bikash Yadav S/O Jitendra Yadav R/O Village- Bagahi Ahirani Tola, P.S- Bairiya, Distt.- West Champaran and presently residing at ITI Dhangad Toli, Ward No. 30, P.S- Bettiah Muffasil, Distt.- West Champaran.

3.

Manish Kumar @ Manish Singh S/O Omprakash Singh @ Omprakash Rai R/O Village- Bagahi Ahirani Tola, P.S- Bairiya, Distt.- West Champaran and presently residing at ITI Dhangad Toli, Ward No. 30, P.S- Bettiah Muffasil, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-08-2025 Heard Mr. Sarvesh Kashyap, learned counsel appearing on behalf of the petitioners and Mr. Ashok Kumar Singh, learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 114 of 2025 registered under Sections 126(2), 127(2), 115(2), 109(1), 303(2), 352, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. As per the allegation made in the FIR, the petitioners along with other accused persons assaulted and

Patna High Court CR. MISC. No.51173 of 2025(2) dt.11-08-2025 2/3 misbehaved with the informant and they also snatched chain and Rs.3300/- from him.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have falsely been implicated in the present case. A general and omnibus allegation has been leveled against the petitioners and no such incidence had taken place and due to previous enmity the petitioners have been made accused in the present case. The petitioners are students and they have clean antecedent. On these grounds, the petitioners seek to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, as well as, having perused the FIR and the pleading made in the bail application, I find that a general and omnibus allegation has been leveled against the petitioners, who are students and are having clean antecedent. I am of the opinion that the petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The learned District Court is directed to release the petitioners on anticipatory bail, in the event of their arrest or

Patna High Court CR. MISC. No.51173 of 2025(2) dt.11-08-2025 3/3 surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran/successor Court in connection with Muffasil P.S. Case No. 114 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S.

8. The learned District Court is directed to verify the criminal antecedent of the petitioners, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T