Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, Rahul Kumar, subject to the stipulated conditions.
Summary
The petitioner, Rahul Kumar, applied for anticipatory bail in connection with a shooting incident that occurred on 26‑02‑2025 near a petrol pump, where bullets injured an informant and another person. The prosecution alleged offences under Sections 115(2), 126(2), 109, 3(5) of the Bhartiya Nyaya Sanhita and Sections 25(1‑b)a, 26, 27, 35 of the Arms Act, based primarily on a confessional statement of co‑accused Dipikaran Paswan, as the petitioner’s name does not appear in the FIR. The petitioner, aged about 21 with a clean antecedent, contended that there was no direct allegation of him firing the weapon. The court, considering his age, clean record and the lack of a direct FIR charge, exercised its power under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita to grant anticipatory bail. The bail was conditioned on a bond of Rs 10,000 with two sureties and required surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted when the accused is not named in the FIR but is implicated through a co‑accused’s confessional statement
- Whether the court may invoke Section 438 of the CrPC (or its equivalent) and Section 482 of the Bharatiya Nagarik Suraksha Sanhita in granting such bail
- Whether the petitioner’s age and clean antecedent justify the grant of bail despite the serious nature of the alleged offences
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- confessional statement
- clean antecedent
- firearms offence
- Bhartiya Nyaya Sanhita
- Arms Act
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24188 of 2026
Arising Out of PS. Case No.-12 Year-2025 Thana- Araria Sangram District- Madhubani
======================================================
Rahul Kumar S/o Birendra Yadav R/o Village - Tengrar, P.S - Khutauna,
District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit
For the Opposite Party/s : Mr. Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Arariya Sangram Police Station Case No. 12 of
2025, corresponding to G.R. No. 360/2025, disclosing offences
punishable under Sections 115(2), 126(2), 109, 3(5) of the
Bhartiya Nyaya Sanhita and u/s 25(1-b)a, 26, 27, 35 of the Arms
Act.
3. As per prosecution case, on 26.02.2025, while the
informant was having tea near the petrol pump in the meanwhile
8-9 persons came on a motorcycle stopped a bus and started
quarreling and when the persons who were sitting at the shop
stopped them to do so then five to six persons returned back and
Patna High Court CR. MISC. No.24188 of 2026(2) dt.22-04-2026
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again started quarreling with Md. Badal and in the meantime
one person called his friend and opened fire indiscriminately
due to which one bullet hit on the informant’s legs and one
bullet hit on Md. Naim’s hand
4. Learned counsel for the petitioner submits that the
petitioner is not named in the First Information Report and he
has been made accused on the basis of confessional statement of
co-accused Dipikaran Paswan who has confessed that he along
with this petitioner and Chandan came with country made pistol
and opened fire. Accordingly, the submission is that the
allegation even in the confessional statement of firing is not
upon the petitioner aged about 21 years having clean antecedent.
5. Having regard to the submissions made on behalf
of the parties and taking into consideration the age of petitioner
having clean antecedent and no allegation of firing is against
him, I am inclined to grant the petitioner privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.24188 of 2026(2) dt.22-04-2026
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satisfaction of learned A.C.J.M.- 1st Jhanjharpur, District-
Madhubani, in connection with Arariya Sangram Police Station
Case No. 12 of 2025, corresponding to G.R. No. 360/2025,
subject to the condition laid down under Section under Section
438 (2) of the Code of Criminal Procedure/ Section 482 (2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Ranjeet/-
U T
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