Patna High Court
Rakesh Kumar @ Rakesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Rakesh Kumar Yadav, sought anticipatory bail in connection with Lakhaura P.S. Case No. 315 of 2025, wherein the FIR alleged that he and seven others assaulted an informant’s family with weapons, demanded a ransom of Rs.5 lakh, and attempted to outrage the modesty of the informant’s wife and daughter. The petitioner contended that he is innocent, that a prior case (Lakhaura P.S. Case No. 314 of 2025) filed by his sister against the informant’s side was a retaliatory move, and that the informant’s actions led to his father’s death. The State opposed bail, emphasizing the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023. The Court, after considering the facts and the existence of counter‑cases, granted anticipatory bail on the condition of furnishing a bail bond of Rs.30,000 and compliance with the conditions under Section 482(2) of the B.N.S.S. 2023. The order was pronounced by Justice Dr. Anshuman.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences and the existence of counter‑cases.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 2(1)(d), 308(4), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- ransom demand
- section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22646 of 2026
Arising Out of PS. Case No.-315 Year-2025 Thana- LAKHAURA District- East Champaran
======================================================
Rakesh Kumar @ Rakesh Kumar Yadav S/o Shubhnarayan Rai R/o vill -
Jagiraha, P.S.- Lakhaura, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Lakhaura P.S. Case No. 315 of 2025 lodged on 02.11.2025,
for the offence punishable under Sections 115(2), 126(2),
308(4), 118(2), 76, 109, 352, 351(2) & 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
eight named accused persons including the present petitioner
and unknown persons with allegation that all the accused
persons armed with sword, iron rod and farsa came at the house
of the informant and started abusing him and also demanded
Patna High Court CR. MISC. No.22646 of 2026(2) dt.16-04-2026
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ransom amount of Rs.5,00,000/- in lieu of construction of
house. Upon oppose, accused persons assaulted the informant
and his family members by sword, iron rod and farsa, due to
which, informant’s side sustained injuries. It has also been
alleged that accused Dilip Kumar and Mukesh Kumar have tried
to outrage the modesty of informant’s wife and daughter. The
accused persons also threatened the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that prior to the institution of this case, the sister of the
petitioner lodged a criminal case bearing Lakhaura P.S. Case
No. 314 of 2025 (annexed as Annexure-P/2) against the
informant and eight other persons who have assaulted the
petitioner’s side. Counsel submits that with a view to save the
skin, the informant’s side has lodged the present case. Counsel
submits that due to the injury caused by the informant’s side,
petitioner’s father died which is apparent from Annexure-P/2.
He further submits that the criminal antecedent of the petitioner
is not clean as there are two cases pending against him and in
both the cases, he is on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but submits that from the record, it
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transpires that there are case and counter case from both the
sides.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of C.J.M. Motihari, in connection with Lakhaura
P.S. Case No. 315 of 2025, subject to the conditions as laid
down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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