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2025 Supreme(Online)(Pat) 5500

PATNA HIGH COURT
MR. SATYAVRAT VERMA, J
Rajnish Kumar @ Raj Neesh Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.44327 of 2025



Advocates:
For the Appellants/Petitioners: Ms. Manisha Singh
For the Respondents: Mr. Shyameshwar Dayal, Mr. Binod Kumar Sinha, Mr. Ajay Kumar Prasad

The court allowed bail with strict conditions to prevent trial delays while acknowledging the petitioner’s claims of false implication.

Headnote:In this case concerning bail under Sections 341, 323, 324, 307, and 379/34 IPC, the petitioner argues for release citing false implication and long custody. The court examines the nature of injuries and arguments against interim bail but ultimately permits the petitioner’s release on bail with conditions to ensure trial integrity. The decisive question is whether the allegations warranted bail. The final order granted bail on stringent terms to avoid trial delays.

Table of Content
1. final decision on bail conditions (Para 8)

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

5 24-12-2025 1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the informant and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 341 , 323, 324, 307 and

379/34 of the Indian Penal Code .

3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases, but then, the cases are under minor sections of the I.P.C. It is further submitted that informant alleges that on 12.02.2024 at about 9.00 P.M., while he was returning to his house when accused persons including the petitioner intercepted him and waylaid him and the accused demanded extortion money from him. Further, petitioner took out a country-made pistol and pointed at his head while Baban started searching the pocket of the informant. On protest, petitioner assaulted him on his head and eyes by means of butt of pistol causing injury on head and eyes, thereafter Baban Singh took out Rs.22,000/- from his pocket and ordered others to kill him, on which the accused Navnit assaulted the informant by hockey stick. On alarm, Bittu took out a pistol from his waist and forced it inside his mouth and accused Suman kicked him and thereafter the accused persons threw him in a maize field.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that petitioner and the informant were known to each other, as such, informant has named the accused persons, but then, has exaggerated the allegation by alleging that the accused persons intercepted him and thereafter waylaid with a view to extort money from him. It is further submitted that no doubt, petitioner is alleged to have assaulted by butt of pistol causing injury on head and eye, but then, petitioner is in custody since 29.04.2025. It is further submitted that if privilege of regular bail is granted to the petitioner, the petitioner will not abscond rather will cooperate in the trial to prove his innocence.

5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the bail application.

6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor in connection with Kudhani P. S. Case No.64 of 2024.

7. The application stands allowed.

8. However, it is made clear that if the learned trial court comes to a conclusion that petitioner after his release is trying the delay the framing of charge or after framing of charge is trying to delay the trial in both the condition, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Satyavrat Verma, J)

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