Rakesh Choudhary @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78412 of 2025 Arising Out of PS. Case No.-62 Year-2024 Thana- HAYAGHAT District- Darbhanga ====================================================== 1.
Rakesh Choudhary @ Rakesh Kumar S/O Shiv Kishor Choudhary Resident of Dhobopur Bansara, P.S.- Hayaghat, Dist.- Darbhanga 2.
Khusabu Devi @ Khushboo Jaiswal W/O Rakesh Choudhary @ Rakesh Kumar Resident of Dhobopur Bansara, P.S.- Hayaghat, Dist.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Hayaghat P.S. Case No.62 of 2024 instituted under Sections 341, 323, 325, 308, 379, 504 and 34 of the Indian Penal Code.
3. As per the prosecution case, due to land dispute petitioner no.1 assaulted on the hands of the informant with iron rod and petitioner no.2 assaulted with tengari on the hands of the wife of the informant. It is further alleged that petitioner no.1 snatched golden chain from the neck of the informant and also snatched Rs. 2,000/- from his pocket.
Patna High Court CR. MISC. No.78412 of 2025(2) dt.05-01-2026 2/3
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that the alleged case has been filed as a counterblast of Hayaghat P.S. Case no. 57 of 2024 after delay of 11 days without any explanation of delay. He submits that petitioner no.1 is son of informant whereas petitioner no.2 is daughter-in-law of the informant and on the instigation of the brother of the petitioner no.1, the informant has filed this false case. He further submits that informant and his wife fell down on pakka when they tried to pacify the dispute between the brother in which the informant sustained injury on his hand which is none vital part of the body and the injuries of wife of the informant is simple in nature. He submits that the investigation of the case has already been completed and the charge-sheet has already been submitted. There is no chance of any tempering with the evidence or absconding the petitioners. The petitioners have no criminal antecedent and they undertake to cooperate in the trial and investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event
Patna High Court CR. MISC. No.78412 of 2025(2) dt.05-01-2026 3/3 of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate, VI, Darbhanga in connection with Hayaghat P.S. Case No.62 of 2024, subject to the conditions laid down in Section 482(2) of the BNSS. (Sunil Dutta Mishra, J) AjayMishra/- U T