Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to stringent conditions, as no injury was proved and no criminal antecedent was established.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail under Section 438 of the Cr.P.C. in connection with FIR No. 656 of 2025 filed under several provisions of the BNS and the Arms Act. The prosecution alleged that the petitioner abused the informant and discharged a firearm, endangering the informant's sons, though no injury was reported. The State argued that the petitioner had a criminal mindset and prior antecedents, while the petitioner contended he had no prior record and the firing allegation was exaggerated. The Court, noting the absence of an injury report and lack of proven antecedent, inclined to grant anticipatory bail but conditioned it on compliance with statutory and specific conditions. Accordingly, the Court ordered that the petitioner be released on bail upon arrest or surrender, subject to a bail bond, sureties, and several conduct requirements.
Issues considered
- The applicability of anticipatory bail under Section 438 Cr.P.C. to the petitioner.
- Whether the petitioner has a criminal antecedent that would defeat anticipatory bail.
- The sufficiency of the FIR and the alleged facts (abuse and firing) to justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27
- BNS — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- criminal antecedent
- FIR
- Arms Act
- bail conditions
- no injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14076 of 2026
Arising Out of PS. Case No.-656 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Rahul Kumar S/o Shyambabu Ram R/o Mohalla- Nayatola Rassi Bagan,
Nawada, Ara, P.S - Ara Nawada, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 29-04-2026 Heard Mr. Anil Kumar, the learned counsel for the
petitioner and the learned counsel for the State.
2. The petitioner is apprehending his arrest in
connection with Ara Nawada P.S. Case No. 656 of 2025
instituted under Sections 126(2), 115(2), 109(1), 352, 351(2),
3(5) of the BNS and Section 25(1-B)(a), 26, 27 of the Arms Act
lodged on 05.10.2025 by the informant Jagdish Yadav.
3. As per the prosecution story, the informant alleged
that the petitioner firstly abused and then open fired. Sons of the
informant had to run for to save their lives. This led to the FIR.
4. In this case, the case diary is on record and learned
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APP submits that as per the investigation, though it is not on
record, the statement is that the petitioner has criminal minded
and also has criminal antecedent under his belt.
4. Learned counsel for the petitioner with the help of
para 3 submits that he has no criminal antecedent and if it is
found that the petitioner indeed has criminal antecedent, the
order of anticipatory bail, if allowed, may become infructuous.
The submission is that only to exaggerate, the firing theory has
been added though there is no injury.
5. Taking into account the submissions of the parties
as also that there is no injury report, this petitioner has no
criminal antecedent, FIR is there and he shall be facing the trial,
in that background this Court is inclined to extend him privilege
of anticipatory bail.
6. However if it found that the petitioner indeed has
criminal antecedent, in that background the order shall become
infructuous.
8. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Ara Nawada P.S. Case
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No. 656 of 2025 to the satisfaction of learned Chief Judical
Magistrate, Bhojpur, Ara subject to the conditions as laid down
under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioner 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
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner 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
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cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Abhishek/-
U T
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