Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54840 of 2025 Arising Out of PS. Case No.-124 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Rajnish Kumar S/o Dr. Suresh Singh Village- Nawada, PS- Saraiya, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Panday For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2025 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 302, 201, 120(B)/34 of the Indian Penal Code and section 27 of the Arms Act.

3. The prosecution case, in brief, is that on 23.02.2022 at 2:30 P.M., her husband was at home, in the meantime, this petitioner along with five other named accused persons killed her husband and took his bullet motorcycle. The nearby people gave information to police and thereafter a raid was conducted in the house of accused persons and from the house of Tuttu, Brij Kishor Kishor Thakur was arrested and police seized the motorcycle from the house of Sumant Thakur. It is further alleged that Brij Kishor Thakur was interrogated and on his identification dead body of the husband of the informant was recovered behind a Govt. School situated in Sirkahiya village.

Patna High Court CR. MISC. No.54840 of 2025(4) dt.07-11-2025 2/2

4. Learned counsel for the petitioner submits that the informant is not eye-witness of the occurrence. She has not disclosed as to how he came to know about the involvement of the petitioner in the alleged occurrence. Petitioner has been made accused in this case only on account of previous enmity. Save and except suspicion, there is no other material to show connivance of the petitioner in the alleged occurrence. Petitioner has one criminal antecedent and he is on bail in that case.

5. Learned counsel for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below 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 1st Addl. Sessions Judge, Muzaffarpur in connection with Saraiya P.S. Case No. 124 of 2022, (S.T. No. 808/2022) subject to condition as laid down under Section 438(2) of the Cr.P.C.

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