CR. MISC./35408/2026 of Rakesh Yadav @ Rakesh Kumar Yadav Vs The State of Bihar on 7 August 2026

ORAL ORDER

07-08-2026

1. Heard learned counsel for the petitioner, Ms. Angel and the learned APP for the State.

2. The petitioner seeks bail in connection with Kuchaikote P.S. Case No. 247 of 2025, registered for the offences punishable under Sections 191(1), 191(2), 191(3), 126(2), 115(2), 118(1), 109(1), 303(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is in custody since 18.10.2025. It is next submitted that informant alleges that on 14-06-2025, the accused persons including the petitioner came and started putting hut and naad over his land, on objection by his cousin Chandan, accused Surendra and Baijnath gave orders to kill, thereafter petitioner assaulted the informant by axe causing injury on his face and repeated the blow, but axe hit the ground, thereafter Bijesh assaulted the informant by knife causing injury on head and thereafter accused persons assaulted both the brothers and Rambha Devi snatched his chain worth Rs. 80,000/- while Mukesh snatched chain of Chandan worth Rs. 95,000/- and the injured were taken to hospital and Chandan was referred to higher a center.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant on account of dispute relating to land. It is further submitted that the land belongs to the side of the petitioner, but then the informant was trying to usurp the same, on account of which a dispute had arisen and an altercation took place in which both sides assaulted each other. It is next submitted that Bijesh is alleged to have assaulted the informant by knife causing injury on head, but then the injury has been opined to be simple caused by hard and blunt substance, hence, the allegation of assault by knife gets belied. It is also submitted that Baijnath along with three others had moved this Court seeking anticipatory bail including Bijesh and the same was allowed by an order dated 03.12.2025 in Criminal Miscellaneous No. 78653 of 2025. It is further submitted that no doubt the injury suffered by the injured on account of assault by petitioner has been opined to be grievous in nature, but then petitioner is not a criminal. It is also submitted that if privilege of regular bail is granted, the petitioner will not abscond rather will cooperate in the trial to prove his innocence. It is also submitted that charges against the petitioner stand framed.

5. Learned A.P.P. for the State opposes the regular bail application of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on 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 Trial Court where the case is pending/successor court in connection with Kuchaikote P.S. Case No. 247 of 2025.

7. One of the bailors of the petitioner shall be his maternal uncle, Ramaji Yadav who has sworn the affidavit.

8. However, it is made clear that if the learned Trial Court comes to a conclusion that petitioner, after his release, is trying to delay the trial in any manner, in that event the learned

Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

9. Accordingly, the instant regular bail application stands allowed.

Rishabh/- (Satyavrat Verma, J) U T