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Patna High Court

Rakesh Singh @ Rakesh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was denied to Petitioner No.1 and granted to Petitioner No.3.

Summary

Petitioners Rakesh Singh (Petitioner No.1) and Rupesh Kumar (Petitioner No.3) applied for anticipatory bail in a case alleging offences under multiple sections of the Bihar Negotiable Statutes (B.N.S.) and Section 27 of the Arms Act, relating to a forced entry, assault on an informant and his wife, and theft of gold ornaments. The prosecution alleged that the petitioners, armed with deadly weapons, participated in the assault and robbery. The petitioners claimed innocence, arguing that the allegations were vague, omnibus, and lacked specific overt acts, and highlighted the clean record of Petitioner No.3. The State and the informant opposed bail, emphasizing the specific accusations and the 18 prior criminal convictions of Petitioner No.1. The court rejected anticipatory bail for Petitioner No.1 due to his criminal antecedents, but granted bail to Petitioner No.3, imposing a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted to Petitioner No.1 given the nature of the allegations and his criminal antecedents
  • Whether anticipatory bail should be granted to Petitioner No.3 considering the general nature of the accusations and his clean record

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • assault
  • theft
  • Arms Act
  • Section 482(2) B.N.S.
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2100 of 2026
                       Arising Out of PS. Case No.-49 Year-2025 Thana- JANDAHA District- Vaishali
                 ======================================================
           1.     Rakesh Singh @ Rakesh Kumar Singh Son of Late Nageshwar Singh R/O
                  Village - Mahisaur, P.S.- Jandaha (O.P.- Mahisaur), District - Vaishali
           2.    Prince Kumar Son of Uday Singh R/O Village - Mahisaur, P.S.- Jandaha
                 (O.P.- Mahisaur), District - Vaishali
           3.    Rupesh Kumar Son of Rambabu Ray R/O Village - Chak Sahauli, P.S.-
                 Jandaha (O.P.- Mahisaur), District - Vaishali

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr. Manish Chandra Gandhi, Advocate
                 For the State            :        Mr. Ajay Mishra, APP
                 For the Informant        :        Mr. Subodh Kumar Jha, Advocate
                                                   Mr. Pranav Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   16-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The prayer for grant of anticipatory bail to

                   Petitioner No. 2 has already been dismissed as withdrawn vide

                   order dated 30.01.2026.

                                3. Petitioner Nos. 1 and 3 apprehend their arrest in a

                   case registered for the offence punishable under Sections

                   126(2), 115(2), 117(2), 118(1), 109, 76, 303(2), 329(3), 351(2)

                   and 3(5) of the B.N.S. and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.2100 of 2026(4) dt.16-03-2026
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                       4. As per prosecution case, it is alleged that all the

          F.I.R. named accused persons, including these petitioners,

          armed with deadly weapons, forcibly entered into house of

          informant and assaulted informant and his wife. It is further

          alleged that the accused persons also snatched gold chain.

                       5. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Allegation of assault is general and

          omnibus and no specific accusation of overt act has been alleged

          against these petitioners. Rest of the allegations are ornamental

          in order to make the case grave. Petitioner No. 3 has got no

          criminal antecedents.

                       6. On the other hand, learned A.P.P. for the State and

          learned counsel for the informant have vehemently opposed the

          prayer for grant of anticipatory bail to the petitioners and

          submitted that petitioners are named in the F.I.R. and there is

          specific accusation that they, along with other named accused

          persons, entered into house of informant, assaulted informant

          and his wife and snatched gold ornaments. Petitioner No. 1 has

          got 18 criminal antecedents.

                       7. Considering the facts and circumstances of the case

          and criminal antecedents of Petitioner No. 1, the prayer for grant
             Patna High Court CR. MISC. No.2100 of 2026(4) dt.16-03-2026
                                                         3/3




                       of anticipatory bail to Petitioner No. 1 is rejected.

                                    8. So far as Petitioner No. 3 is concerned, considering

                       the facts and circumstances of the case, general and omnibus

                       nature of accusation and clean antecedents of the petitioner, the

                       prayer for grant of anticipatory bail to Petitioner No. 3 is

                       allowed.

                                    9. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       Petitioner No. 3 be enlarged on bail on furnishing bail-bond of

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

                       each to the satisfaction of learned District and Additional

                       Sessions Judge I, Vaishali at Hajipur in connection with Jandaha

                       (Mahisaur) P.S. Case No. 49 of 2025, subject to condition as

                       laid down under Section 482(2) of the B.N.S.S..

                                    10. With the aforesaid directions, this application

                       stands disposed of.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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