The Patna High Court considered a bail petition challenging regular bail in respect of serious offences under the B.N.S., 2023. Rejection was based on the heinous nature of the assault and specific allegations.
Bail to the petitioner was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43037 of 2025
Arising Out of PS. Case No.-346 Year-2024 Thana- DURAULI District- Siwan
======================================================
Binod Rajbhar @ Binod Kumar S/o Jhamlal Rajbhar Resident Of VillageChakari, P.S.- Darauli, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Tiwary For the Opposite Party/s : Mr.Shailendra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 01-09-2025
Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Darauli P.S. Case No. 346 of 2024 dated 30.10.2024 registered for the offences punishable under Sections 191(3), 190, 103(2) and 61(2)(a) of the B.N.S., 2023
3. As per the prosecution case, on 28.10.2024 at about 7.00 P.M., the co-accused Jairam Yadav took the informant’s father from his house by saying that there is some work and he would come back within a few hour but he did not return. The informant went outside his house to search his father and as soon as, he reached about 100 meters, he saw that near the
Patna High Court CR. MISC. No.43037 of 2025(2) dt.01-09-2025 2/3
house of Uma Gaur, the petitioner, Binod Rajbhar, Sunny Deol Rajbhar, Rambhu Rajbhar, Dharmendra Rajbhar, Ramaksha Rajbhar, Abhishek Rajbhar and Raziya Devi were assaulting his father. It is further alleged that the petitioner Binod Rajbhar having Garasi in his hand and the co-accused Sunni Deol Rajbhar having lathi in his hand brutally assaulted on the face and neck of his father, with an intention to kill him due to which, he sustained injuries and Abhishek Rajbhar having lathi in his hand and the co-accused Rajiya Devi having bricks in her hand assaulted the informant’s father. It is further alleged that after seeing the informant, the accused persons threw Garasi, Lathi and bricks and fled away from the place of occurrence. Thereafter, the father of the informant died on the spot.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The other co-accused persons has already been granted bail by this court vide order dated 16.07.2025 passed in Cr. Misc. No. 20639/2025. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.01.2024.
Patna High Court CR. MISC. No.43037 of 2025(2) dt.01-09-2025 3/3
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the specific allegation of assaulting the informant's father with garasa is against the petitioner and the co-accused, Sunny Deol Rajbhar also assaulted the informant's father with lathi. As per the post mortem report, the cause of death is due to haemorrhage and shock caused by sharp cutting object.
6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of offence against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Darauli P.S. Case No. 346/2024, pending in the court of learned Chief Judicial Magistrate, Siwan.
7. This application stands rejected.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in cases involving heinous offences.
1 provisions across 1 enactments
Binod Rajbhar @ Binod Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
