Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs 10,000, two sureties and specific conditions.
Summary
The petitioner, Rakesh Kumar, was arrested on 22 October 2025 in connection with a 2023 FIR alleging assault and firing that resulted in the death of an informant's son. He is charged under multiple IPC sections (147, 148, 149, 341, 342, 323, 324, 504, 506, 302, 120B) and Section 27 of the Arms Act. The petitioner claimed innocence, arguing that the primary assault was committed by other accused who had already been granted bail in earlier orders. The prosecution opposed bail, citing the petitioner’s alleged participation in the crime and his five prior criminal antecedents. The court, after considering the submissions and precedent of bail to co‑accused, granted bail on a Rs 10,000 bond with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal record
- Whether the petitioner’s alleged role in the crime warrants denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120, 147, 148, 149, 302, 323, 324, 341, 342, 504, 506
Subjects
- bail
- Indian Penal Code
- Arms Act
- murder
- attempted murder
- criminal antecedent
- trial cooperation
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20382 of 2026
Arising Out of PS. Case No.-126 Year-2023 Thana- GHOSI District- Jehanabad
======================================================
Rakesh Kumar Son of Late Ram Prasad Yadav Resident of Mohalla - Chiri,
Ps- Ghosi, Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Ragini Kumari, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 26-03-2026 Heard Ms. Ragini Kumari, learned counsel for the
petitioner as well as Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.10.2025 in connection with Ghosi P.S. Case No. 126 of 2023,
F.I.R. dated 25.02.2023 for the offences punishable under Sections
147, 148, 149, 341, 342, 323, 324, 504, 506, 302, 120(B) of the
Indian Penal Code and 27 of Arms Act.
3. Allegation against the petitioner along with other
accused persons assaulted and fired upon the son of the informant
due to which his son died.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. From bare perusal of the FIR it appears that
petitioner is named in the FIR and due to previous panchayat
Patna High Court CR. MISC. No.20382 of 2026(2) dt.26-03-2026
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election dispute the present occurrence had taken place. She next
submits taht specific allegation of assault is attributed against other
accused persons that they fired upon the deceased and assaulted
him by means of tekani. The allegation against this petitioner is
that he threatened to kill the deceased. She next submits that
similarly situated co-accused persons, namely, Panna Sharma @
Yogendra Sharma @ Yogendra Kumar Panna Lal and Mithilesh
Yadav have been granted the privilege of bail by this Court and a
coordinate Bench of this Court vide order dated 18.09.2023 and
17.01.2026 in Cr. Misc. No. 40196 of 2023 and Cr. Misc. No.
91125 of 2025. She further submits that the police after
investigation submitted the charge sheet against the petitioner and
the petitioner is in custody since 22.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner is named in the FIR and he participated in
the present crime in question and apart from that petitioner carries
five criminal antecedents other than the present one but fairly
submits on the basis of paragraph-3 of the bail application that the
petitioner is on bail four cases.
6. Considering the aforesaid facts and circumstances, let
the petitioner, above named, be released on bail on furnishing bail
Patna High Court CR. MISC. No.20382 of 2026(2) dt.26-03-2026
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bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned C.J.M Jehanabad in
connection with Ghosi P.S. Case No. 126 of 2023, 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
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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