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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.14076 of 2026(3) dt.29-04-2026
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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
Patna High Court CR. MISC. No.14076 of 2026(3) dt.29-04-2026
                                            3/4




          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
             Patna High Court CR. MISC. No.14076 of 2026(3) dt.29-04-2026
                                                         4/4




                       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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