Patna High Court
Rakesh Kumar @ Rakesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(1), 303(2), 324(2), 329(3), 3(5)
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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