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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the petitioner has a clean antecedent and no specific allegation of assault against him.

Summary

Rahul Kumar was arrested on 26‑12‑2025 in connection with a FIR alleging assault during a land‑measurement dispute, charging him under several sections of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that the accused assaulted the informant’s brother and family members. The petitioner contended that he has a clean antecedent and that the FIR contains only a generic allegation against all accused, with no specific charge of assault against him. The court examined the lack of a specific allegation and the petitioner’s clean record, and concluded that bail was appropriate. Accordingly, the court ordered his release on bail of Rs.10,000 with two sureties and imposed conditions for cooperation, presence in court, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner given the allegations under the Bharatiya Nyay Sanhita, 2023.
  • Whether the absence of a specific allegation of assault against the petitioner and his clean antecedent justify bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • land dispute
  • assault
  • clean antecedent
  • Bharatiya Nyay Sanhita
  • sections 126 115 117 118 109 351 352 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16670 of 2026
                     Arising Out of PS. Case No.-341 Year-2025 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Rahul Kumar S/o Prasad Ram Resident of Village - Madachak, P.S -
                 Gopalpur, District - Gopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Dubey, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-03-2026                      Heard Mr. Pankaj Kumar Dubey, learned counsel

                   for the petitioner as well as Mr. Bhanu Pratap Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   26.12.2025 in connection with Gopalpur P.S. Case No. 341 of

                   2025, F.I.R. dated 24.12.2025 for the offences punishable under

                   Sections 126(2), 115(2), 117(2), 118(1), 109, 351(2), 352, 3(5)

                   of the Bharatiya Nyay Sanhita, 2023.

                               3. According to prosecution case, it is alleged that

                   when the informant and his brother went to discuss about the

                   land measurement with the petitioner’s side, the accused persons

                   assaulted the brother of the informant and his family members.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.16670 of 2026(2) dt.16-03-2026
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          implicated in the present case. The allegation levelled against

          the petitioner is false and fabric. It appears from the FIR that

          due to admitted land dispute the present occurrence has taken

          place. Although the petitioner is named in the FIR but from bare

          perusal of the FIR it appears that there is no specific allegation

          of assault or overt act against him rather there is general and

          omnibus allegation against all the accused persons including the

          petitioner and the petitioner is in custody since 26.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and there is no specific

          allegation of assault or overt act against him, let the petitioner,

          above named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned C.J.M., 1 st Class,

          Gopalganj in connection with Gopalpur P.S. Case No. 341 of

          2025, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.16670 of 2026(2) dt.16-03-2026
                                                        3/3




                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the 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 bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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