Chhotu Rajak Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Chhotu Rajak Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on arrest or surrender before the learned Court below within six weeks, on bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the BNSS, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in connection with Kawakol P.S. Case No. 456 of 2024.

Court's answer

The petitioner is to be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within six weeks, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned court below where Kawakol P.S. Case No. 456 of 2024 is pending/successor court.

Ratio / Principle

The anticipatory bail release is subject to the conditions laid down under Section 482(2) of the BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Patna High Court, CR. MISC. No.20277 of 2025 (Rudra Prakash Mishra, J, oral order dt. 01-08-2025): petitioner Chhotu Rajak s/o Lihal Rajak @ Kaleshwar Rajak, apprehending arrest in Kawakol P.S. Case No. 456 of 2024 (Dist. Nawada), registered — as labelled in the judgment — under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 117(3), 118(2), 109 & 103(1) of the Indian Penal Code, arising from an alleged assault by all FIR-named accused including the petitioner on the informant and his father with an iron rod on 23-12-2024 at about 7.30 PM, causing the father's death. Weighing counsel's submissions (alleged general and omnibus allegation; clean antecedents; parity with a co-accused enlarged on anticipatory bail on 08-05-2025 in Cr. Misc. No. 29364 of 2025) against the State's opposition, the bench directed release on arrest or surrender within six weeks on bail bonds of Rs.10,000/- with two like sureties, subject to Section 482(2) BNSS 2023 conditions. Single-member bench; no separate or dissenting opinion.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20277 of 2025

Arising Out of PS. Case No.-456 Year-2024 Thana- KAUWAKOL District- Nawada

======================================================

Chhotu Rajak Son of Lihal Rajak @ Kaleshwar Rajak Resident of Village - Karmatad, P.S.- Kawakol, District - Nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

4 01-08-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kawakol P.S. Case No. 456 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 117(3), 118(2), 109 & 103(1) of the Indian Penal Code.

As per the prosecution case, on 23-12-2024 at about 7.30 PM, all the FIR named accused persons including the

Patna High Court CR. MISC. No.20277 of 2025(4) dt.01-08-2025 2/3

petitioner assaulted the informant and his father by means of iron rod, as a result of which, father of the informant died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. It is submitted that there is no specific allegation against the petitioner, rather allegation is general and omnibus in nature. At best, petitioner is alleged to be member of the mob. Petitioner is a man of clean antecedent. Other similarly situated co-accused person has been enlarged on anticipatory bail by a Co-ordinate Bench of this Court vide order dated 08-05-2025, passed in Cr. Misc. No. 29364 of 2025.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the rival submissions made by the learned counsel for the parties, let 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 court below where the case is pending/successor court in connection with Kawakol P.S.

Patna High Court CR. MISC. No.20277 of 2025(4) dt.01-08-2025 3/3

Case No. 456 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T