Rahul Rajak @ Rahul Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Rahul Rajak @ Rahul Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: release on arrest or surrender before the learned trial court within six weeks, on bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; confirmation contingent on the trial court's verification of the petitioner's criminal antecedents.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in connection with Jamui P.S. Case No. 185 of 2024. +1 more

Court's answer

In the event of arrest or surrender before the learned trial court within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C., in connection with Jamui P.S. Case No. 185 of 2024.

Ratio / Principle

The learned Trial Court is to verify the criminal antecedent of the petitioner, and if it is found that the petitioner has antecedent of more than one case, the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If after verification it is found that the petitioner has antecedent of only one case, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail - provisional grant with post-grant antecedent verification. Rahul Rajak @ Rahul Kumar, petitioner connected with Jamui P.S. Case No. 185 of 2024 (village Satgama, Jamui), had earlier obtained anticipatory bail (Cr. Misc. No. 59167 of 2024, order dt. 19.08.2024) but failed to furnish bail bonds in time; his modification application (Cr. Misc. No. 86928 of 2024) was withdrawn with liberty to apply afresh (order dt. 13.12.2024). On the present application (Cr. Misc. No. 4370 of 2025, decided 04-04-2025), Satyavrat Verma, J directed that, on arrest or surrender before the trial court within six weeks, the petitioner be released on provisional anticipatory bail on bonds of Rs. 5,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions. Confirmation of the provisional order by the trial court is made conditional on verification of criminal antecedents: to be confirmed forthwith if only one prior case is found, and not confirmed if more than one case is found. Background per the informant: a fight between two communities at village Satgama; assembled persons abused and pelted stones at police, injuring police personnel; many in the crowd found drunk on breath analyzer report; accused identified from video clips. Counsel contended the petitioner was not arrested from the spot and was implicated merely on his presence near the occurrence in a video clip; the APP opposed the prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4370 of 2025

Arising Out of PS. Case No.-185 Year-2024 Thana- JAMUI District- Jamui

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

Rahul Rajak @ Rahul Kumar S/O Upendra Rajak R/O Vill.- Satgama, P.S.Jamui, Dist.- Jamui

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sanjay Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 04-04-2025

Heard learned counsel for the petitioner and learned APP for the State.

The learned counsel for the petitioner submits that petitioner had earlier moved this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 59167 of 2024 and the same was allowed by a order dated 19.08.2024, but then the petitioner could not furnish his bail bonds in time, as such he filed modification application being Criminal Miscellaneous No. 86928 of 2024 and the same was permitted to be withdrawn by an order dated 13.12.2024 with liberty to the petitioner to file a fresh anticipatory bail application, accordingly the instant anticipatory bail application has been filed.

It is next submitted that petitioner has antecedent of one case and the informant alleges that police received

Patna High Court CR. MISC. No.4370 of 2025(2) dt.04-04-2025 2/3

information that in village Satgama a fight had taken place in between the two communities accordingly, the police reached the place of occurrence where accused persons including the petitioner had assembled from before and they started abusing the police and even pelted stones in which police personnels were injured and on breath analyzer report, maximum people in the crowed were found in a drunken condition and the accused persons came to be identified based on video clips.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot as such it cannot be alleged that he was in a drunken condition. It is also submitted that since an occurrence had taken place and the petitioner resides nearby, as such, he also went to the place of occurrence on hearing that a fight has taken place when police came and as such it appears that the petitioner also came to be implicated based on his presence at the place of occurrence in the video clip.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court

Patna High Court CR. MISC. No.4370 of 2025(2) dt.04-04-2025 3/3

within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jamui P.S. Case No. 185 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than one case in that event the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of only one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Rishabh/-

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