Umesh Rajvanshi @ Umesh Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54548 of 2025 Arising Out of PS. Case No.-1096 Year-2021 Thana- NAWADA District- Nawada ====================================================== Umesh Rajvanshi @ Umesh Rajbanshi S/O Baleshwar Rajvanshi R/O Village- Loharpura, P.S- Kadirganj, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-08-2025

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

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 308, 504 of the Indian Penal Code but cognizance was taken under Sections 147, 148, 149, 341, 323, 307, 504 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. It is next submitted that police after threadbare investigation came to a considered conclusion that petitioner is innocent and thus submitted final form, exonerating the petitioner of the allegation, as would manifest from Final Form No.764/2023 dated 31.05.2023. It is next submitted that learned Magistrate differing with the police

Patna High Court CR. MISC. No.54548 of 2025(2) dt.20-08-2025 2/2 report, took cognizance and thus the petitioner apprehends arrest. It is next submitted that when one investigating agency after threadbare investigation came to a considered conclusion that petitioner is innocent whether it would be prudent for the court to send the petitioner to jail based on an order of cognizance which came to be taken based on the same police report which exonerated the petitioner of the allegation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) 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 Nawada (Kadirganj) P.S. Case No.1096/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T