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Patna High Court

Rakesh Kumar @ Rakesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to conditions.

Summary

The petitioners, three villagers, sought anticipatory bail after an FIR alleged they committed robbery, looted cash on gunpoint and fired indiscriminately, invoking several sections of the Bharatiya Nyaya Sanhita and the Arms Act. They contended that the dispute was a petty scuffle between co‑villagers, no firearm injury occurred, and they have a clean antecedent. The State opposed the bail application. The Court, considering the nature of the accusation and the petitioners' clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that if arrested within eight weeks, they be released on bail. The decision reflects the balance between the seriousness of the alleged offences and the petitioners' personal circumstances.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the allegations of robbery, armed assault and other offences.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • robbery
  • armed assault
  • clean antecedent
  • co‑villagers dispute
  • Bharatiya Nyaya Sanhita
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.190 of 2026
                    Arising Out of PS. Case No.-454 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
           1.     Rakesh Kumar @ Rakesh Yadav S/O Lalit Yadav @ Vinod Yadav Resident
                  of village- Mahinathpur, P.S.- Rajnagar, District- Madhubani
           2.    Aman Kumar @ Aman Yadav S/O Lalit Yadav @ Vinod Yadav Resident of
                 village- Mahinathpur, P.S.- Rajnagar, District- Madhubani
           3.    Bipin Kumar @ Bipin Yadav S/O Raman Ji Yadav Resident of village-
                 Mahinathpur, P.S.- Rajnagar, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Surendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 329(3), 126(1), 115(2),

                   118(1), 109, 324(2), 303(2), 3(5) of the Bharatiya Nyaya

                   Sanhita and Section 27 of the Arms Act.

                                3. As per F.I.R., informant alleges that all the named

                   accused persons, including these petitioners, committed maar-

                   peet, looted cash from the house of informant on gunpoint and

                   made indiscriminate firing in air.

                                4. Learned counsel for the petitioners submits that
            Patna High Court CR. MISC. No.190 of 2026(2) dt.20-01-2026
                                                        2/2




                      both parties are co-villagers and due to petty dispute, scuffle

                      took place between them. Case and counter case. Allegation of

                      assault is general and omnibus. It is further submitted that

                      though there is allegation of firing but no one sustained any

                      firearms injury. Rest of the allegations are ornamental only to

                      make the case grave. Petitioners claim clean antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering the nature of accusation and clean

                      antecedent, this anticipatory bail is allowed and it is ordered that

                      let the above named petitioners in the event of their

                      arrest/surrender before the court below within a period of eight

                      weeks from today, be enlarged on bail on furnishing bail-bond

                      of Rs. 10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of Additional Chief Judicial

                      Magistrate I, Madhubani in connection with Rajnagar P. S. Case

                      No. 454 of 2025, subject to condition as laid down under

                      Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                      2023.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T


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