Tinku Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55660 of 2025 Arising Out of PS. Case No.-260 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== Tinku Rajbhar S/O Sukhar Rajbhar @ Sukhar Bhar R/O Village- Maripur, P.S.- Phulwariya, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-09-2025 Heard Mr. Javed Aslam, learned counsel appearing on behalf of the petitioner and Mr. Tarun Prasad Mandal, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Phulwariya P.S. Case No. 260 of 2024 registered under Sections 309(5) of the BNS.

3. As per the allegation made in the FIR, the petitioner along with other co-accused, has allegedly tried to stab in the stomach of the informant. The name of the petitioner was disclosed by the co-accused.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. The name of the petitioner was disclosed by the co-accused. A general and omnibus

Patna High Court CR. MISC. No.55660 of 2025(2) dt.08-09-2025 2/3 allegation has been leveled against the petitioner. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.

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

6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that a general and omnibus allegation has been leveled against the petitioner, the petitioner is having clean antecedent, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.

7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate - XVI, Gopalganj/successor Court in connection with Phulwariya P.S. Case No. 260 of 2024, subject to the condition as laid down under Section 482 of the BNS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in

Patna High Court CR. MISC. No.55660 of 2025(2) dt.08-09-2025 3/3 paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T