Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to strict conditions, exercising its inherent powers under Section 482(2) of the BNSS.
Summary
The petitioner, Rahul Kumar, filed an anticipatory bail application in connection with FIR No. 316 of 2025 alleging offences under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The FIR accuses him of obstructing police duties and pelting stones, but his name appears only in a confessional statement of co‑accused Asha Devi and no incriminating material has been seized from him. The petitioner asserted innocence, lack of prior criminal record, and willingness to comply with bail conditions. The State opposed the bail, citing the seriousness of the charges. The High Court, noting the lack of direct evidence and reliance solely on a co‑accused confession, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and specific conditions under Section 482(2) of the BNSS. The order directs the petitioner to surrender within six weeks if arrested and to comply with attendance and non‑interference directives.
Issues considered
- Whether anticipatory bail should be granted when the petitioner’s involvement is alleged solely on the basis of a co‑accused’s confessional statement.
- Whether the High Court can exercise its inherent powers under Section 482(2) of the Bharatiya Nyaya Sanhita to grant bail in the absence of material evidence.
- Whether the conditions imposed are sufficient to safeguard the investigation and prevent tampering with evidence.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(2), 121(1), 121(2), 125(a), 125(b), 126(2), 132, 190, 191(2), 191(3), 192, 221, 263, 324(4), 482(2), 61(2)
Subjects
- anticipatory bail
- co‑accused confession
- Bharatiya Nyaya Sanhita
- Arms Act
- police obstruction
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11387 of 2026
Arising Out of PS. Case No.-316 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
Rahul Kumar Son of Nagendra Mukhiya Resident of Village -Bheeth, PS
-Bhagwanpur, Distt -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Kant
For the Opposite Party/s : Mr. Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Bhagwanpur P.S. Case No.316 of 2025 dated
24.10.2025, registered for the offence punishable under Sections
191(2), 191(3), 190, 126(2), 115(2), 117(2), 118(2), 109(1), 132,
121(1), 121(2), 125(a), 125(b), 221, 192, 61(2), 263, 324(4) of
the Bharatiya Nyaya Sanhita & 27 of Arms Act.
3. As per the FIR, the petitioner, along with others,
allegedly tried to obstruct the police in the discharge of their
official duties and also pelted stones, causing injuries to several
police personnel.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.11387 of 2026(3) dt.01-04-2026
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case. It is further submitted that the name of the petitioner has
transpired on the basis of the confessional statement of co-
accused Asha Devi. It is next submitted that there are altogether
42 accused persons against whom the FIR has been lodged, out
of which 13 are named accused persons, and at best, the
petitioner is alleged to be a member of the mob. It is further
submitted that the petitioner undertakes to abide by the terms
and conditions of bail in the event the privilege of anticipatory
bail is extended to the petitioner. Lastly, it is submitted that the
petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Taking into account that the name of the
petitioner has transpired only on the basis of confessional
statement of co-accused and nothing incriminating has been
recovered from the possession of the petitioner, let the above
named petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Begusarai/Successor Court in connection with Bhagwanpur P.S.
Patna High Court CR. MISC. No.11387 of 2026(3) dt.01-04-2026
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Case No.316 of 2025, subject to the conditions as laid down
under Section 482(2) of the BNSS as well as the following
conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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