Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56291 of 2025 Arising Out of PS. Case No.-61 Year-2025 Thana- Gadhiya Bazar District- East Champaran ====================================================== Rajnish Kumar S/o Shambhu Bhagat @ Shivshambhu Bhagat @ Shivshambhu Prasad R/o Village -Mahauta, P.S - Garahiya Bazar, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Usha Kumari, Advocate For the State :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 351(3) of the B.N.S..

3. As per prosecution case, informant alleged that 10 F.I.R. named accused persons, including this petitioner and 5 unknown persons assaulted son of informant by various weapons. It is further alleged that the accused persons also snatched gold chain and cash from son of informant.

4. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.56291 of 2025(2) dt.25-08-2025 2/3 behalf of the petitioner that petitioner is quite innocent and has committed no offence. As per F.I.R., 10 named accused persons and 5 unknown persons assaulted son of informant but as per injury report, the victim sustained only two injuries which itself falsifies the entire prosecution case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. Rest of the allegations are ornamental in order to make the case grave.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and injuries sustained by the injured, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Garahiya Bazar P.S. Case No. 61 of 2025, subject to condition as laid down under Section 482(2)

Patna High Court CR. MISC. No.56291 of 2025(2) dt.25-08-2025 3/3 of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T