Patna High Court
Rakesh Kumar @ Rakesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
Petitioners Rakesh Kumar and Jitendra Kumar were arrested on 15 November 2025 in connection with a case alleging kidnapping and assault of an informant's husband, with charges under several sections of the B.N.S. They filed a bail petition claiming the allegations were false and fabricated, and that the prosecution had disbelieved the informant's version. The State opposed bail, noting a pending case and the petitioners' criminal antecedents. The High Court considered the facts, the credibility of the charges, and the petitioners' right to bail, and ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The court also directed that the acceptance of bail bonds not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the charges under the B.N.S.
- Whether the allegations of kidnapping and assault are false and fabricated, affecting the bail decision
- Whether the petitioners' prior criminal antecedents justify denial of bail
Legislation cited
- B.N.S. — s. 115(2), 118(2), 126(2), 140(3), 3(5), 351(2), 352
Subjects
- bail
- kidnapping
- assault
- fabricated charges
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1909 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- MUSRIGHRARI District- Samastipur
======================================================
1. Rakesh Kumar @ Rakesh Rai S/o- Mahesh Narayan Yadav Village-
Rahimpur Audauli PS- Samastipur Distt- Samastipur
2. Jitendra Kumar S/o- Mahesh Narayan Yadav Village- Rahimpur Audauli PS-
Samastipur Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Neetu Jha, Advocate
For the State : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-01-2026 Heard Mrs. Neetu Jha, learned counsel for the
petitioners and Mr. Yogendra Kumar Singh, learned APP for the
State.
2. Petitioners seek bail, who are in custody since
15.11.2025, in connection with Musarigharari P.S. Case No. 193
of 2025, F.I.R. dated 27.10.2025 registered for the offences
punishable under Sections 126(2), 115(2), 118(2), 140(3), 352,
351(2), 3(5) of the B.N.S.
3. Allegation against the petitioners is that they have
abducted the husband of the informant and assaulted him.
4. Learned counsel for the petitioners submits that the
police after investigation submitted chargesheet under Sections
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126(2), 127(2), 115(2), 118(2), 352, 351(2), 3(5) of the B.N.S.
and the police has disbelieved the kidnapping the husband of the
informant in the Chargesheet dated 20.12.2025. Learned
counsel for the petitioners submits that it appears from the
aforesaid chargesheet, the allegation as alleged in the F.I.R.
against the petitioners is false and fabricated and the petitioners
have not committed any offence as alleged in the F.I.R. and the
prosecution has disbelieved the version of the informant and the
petitioners are in custody since 15.11.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners and submits that the petitioners carry one more case
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioners are on bail in
the pending matter.
6. Considering the facts and circumstances of the
case, let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Chief Judicial Magistrate, Samastipur in connection
with Musarigharari P.S. Case No. 193 of 2025, subject to the
following conditions :-
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(1) Petitioners 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 their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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.
7. The chargesheet produced by the petitioner is kept
on record.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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