Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted bail to the petitioners with conditions, finding no sufficient ground to deny bail.
Summary
The petitioners, Raja Kumar and Golu Kumar, were arrested in connection with a Maheshkhunt police case alleging that they obstructed a road and assaulted an army personnel, with one of them allegedly stabbing the informant. They sought regular bail, claiming innocence, clean antecedents, and willingness to comply with court conditions, while the State opposed the bail. The court noted that both petitioners had been in custody for several months, the charge‑sheet had already been filed, and there was no risk of absconding or tampering with evidence. Considering these factors, the court ordered bail on a bond of Rs.10,000 each with two sureties and imposed conditions regarding presence in court and conduct. Consequently, the petition for bail was allowed, and the petitioners were directed to be released subject to the stipulated conditions.
Issues considered
- Whether the petitioners are entitled to regular bail despite the serious offences alleged under the Indian Penal Code.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 351, 351(2), 351(3), 352
Subjects
- bail
- Indian Penal Code
- criminal procedure
- court conditions
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11710 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- MAHESHKHUNT District- Khagaria
======================================================
1. Raja Kumar Son of Nandlal Paswan Resident Of Village- Kanhaiya Tola
(Maheshkhunt) Ps- Maheshkhunt District- Khagariya
2. Golu Kumar @ Vishal Kumar Son of Wakil Paswan Resident Of Village-
Kanhaiya Tola (Maheshkhunt) Ps- Maheshkhunt District- Khagariya
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Mohan Singh
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with
Maheshkhunt P.S. Case No. 179 of 2025, registered for the offence
punishable under Sections 191(2), 191(3), 190, 126(2), 115(2),
118(1), 109, 352, 351, 351(2), 351(3) of BNS.
3. As per the FIR, the case is that on 12.12.2025 at
about 4:00 p.m., two boys (the petitioners) had blocked the road.
When the informant, an army personnel, asked them to clear the
passage, they abused and assaulted him and one of them stabbed
him. Petitioner no. 1 was apprehended at the spot, while petitioner
no. 2 fled away.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.11710 of 2026(3) dt.19-03-2026
2/3
petitioner is innocent and has been falsely implicated in this case.
The allegations are general and omnibus. There is case and counter
case. The petitioner is a person of clean antecedent. Petitioner no.
1 is in custody since 13.12.2025 and petitioner no. 2 is in custody
since 25.12.2025. He is a man of means and there is no chance of
his absconding and tampering with the evidence. He further
submits that the petitioner is ready to abide by the conditions
which may be imposed by this Court.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Considering the fact that petitioner no. 1 is in custody
since 13.02.2025 and petitioner no. 2 is in custody since
25.12.2025 and both the petitioners are of clean antecedents and
further taking note of the fact that charge-sheet has already been
filed against both the petitioners on 27.02.2026, thereby indicating
that investigation is no longer pending, let the petitioners above
named, are directed to be released on bail on furnishing bail-bond
of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned court below
where the case is pending/successor court in connection with
Maheshkhunt P.S. Case No. 179 of 2025, subject to the following
conditions:-
(i) One of the bailors of the petitioner shall be his close
Patna High Court CR. MISC. No.11710 of 2026(3) dt.19-03-2026
3/3
relative.
(ⅱ) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates without
substantial reason or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty to move for
cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is found that
the petitioner has concealed his criminal antecedent, the court
below shall take step for cancellation of bail bond of the petitioner.
However, the acceptance of bail bond in terms of the above-
mentioned order shall not be delayed for purpose of or in the name
of verification.
7. Accordingly, the prayer for bail is allowed.
(Alok Kumar Sinha, J)
kundan/-
U T
Checking your session…