Mayanand Rajak Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Mayanand Rajak Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners in connection with Bairgachhi P.S. Case No. 23 of 2025: release upon arrest or surrender before the learned Court below within six weeks, on bail bond of Rs. 20,000/- each with two sureties of the like amount each, subject to conditions under Section 482(2) of the B.N.S.S.

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Bairgachhi P.S. Case No. 23 of 2025, are entitled to anticipatory bail.

Court's answer

Considering the facts stated, the land dispute running between the parties, and that the FIR of the present case is said to be a counter blast of Araria SC/ST P.S. Case No. 08 of 2025 lodged by co-accused Most. Sanjha Devi, the Court was inclined to grant the relief of anticipatory bail to the petitioners.

Ratio / Principle

The petitioners, in the event of arrest or surrender before the learned Court below within six weeks, were directed to be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the B.N.S.S., in connection with Bairgachhi P.S. Case No. 23 of 2025.

Detailed headnote1 paragraphs

Anticipatory bail - granted. Patna High Court, CRIMINAL MISCELLANEOUS No.46827 of 2025 (oral order dated 15-11-2025, Shailendra Singh, J): petitioners Mayanand Rajak and Khanaiya Lal Rajak, named among 11 named accused (plus 5-6 unknown persons) in Bairgachhi P.S. Case No. 23 of 2025 dated 22.02.2025 (District Araria), registered under sections 190, 191(2), 191(3), 126(2), 115(2), 124(1), 119(1), 76, 303(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, apprehended arrest. Counsel urged that the matter arose out of a land dispute between the parties, injuries to three persons were simple, the petitioners had clean antecedents, and the FIR was a counter blast of Araria SC/ST P.S. Case No. 08 of 2025 lodged by co-accused Most. Sanjha Devi. Taking into account these facts, the land dispute and the counter-blast contention, the Court granted anticipatory bail: release on arrest or surrender before the Court below within six weeks, on bail bond of Rs. 20,000/- each with two sureties of the like amount each, subject to conditions under Section 482(2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46827 of 2025

Arising Out of PS. Case No.-23 Year-2025 Thana- BAIRGACHHAI District- Araria

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Mayanand Rajak S/o Late Fulai Baitha @ Fulai Rajak, R/O VillageRampur, Mohanpur east Part, Ward No 7, PS- Boshadhi, Distt- Araria

Khanaiya Lal Rajak S/O Mayanand Rajak R/O Village- Rampur, Mohanpur east Part, Ward No 7, PS- Boshadhi, Distt- Araria

... ... Petitioner/s Versus The State of Bihar .. ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Sinha, Adv. For the Opposite Party/s : Mr. Anil Prasad Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

3 15-11-2025

Heard Mr. Diwakar Sinha, learned counsel for the petitioners and Mr. Anil Prasad Singh, learned APP for the State.

2. The petitioners apprehend their arrest in connection with Bairgachhi P.S. Case No. 23 of 2025 dated 22.02.2025 registered for the offences punishable under sections 190, 191(2), 191(3), 126(2), 115(2), 124(1), 119(1), 76, 303(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita.

3. The main submissions advanced by petitioners’ counsel are that the FIR has been registered against 11 named accused persons, including the petitioners, and 5 to 6 unknown persons and in between both the parties there is a land dispute, though three persons are said to have sustained injuries in this matter but their injuries have been opined to be simple in nature and the petitioners have clean antecedent and the FIR of the

Patna High Court CR. MISC. No.46827 of 2025(3) dt.15-11-2025 2/2

instant case is a counter blast of Araria SC/ST P.S. Case No. 08 of 2025, lodged by co-accused Most. Sanjha Devi against the informant and others of the present matter.

4. Learned APP for the State has opposed the prayer of the petitioners.

5. In the facts and circumstances of the case, considering the above-stated facts and keeping in view the land dispute which is said to be running in between both the parties and the FIR of the present matter is said to be a counter blast of Araria SC/ST P.S. Case No. 08 of 2025, lodged by co-accused Most. Sanjha Devi against the informant and others of the present matter, this Court is inclined to grant the relief of anticipatory bail to the petitioners. Accordingly, let the petitioners named-above, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Bairgachhi P.S. Case No. 23 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

(Shailendra Singh, J)

annu/- U T