Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352
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
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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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