Patna High Court
Rakesh Kumar @ Rakesh Kumar Ray @ Raka KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner, directing release upon furnishing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Rakesh Kumar, was arrested in connection with a land‑dispute incident in which several persons were allegedly assaulted with rods, sticks and a danda, resulting in grievous injuries. He is charged under multiple sections of the Bihar Non‑Applicable (BNS) Act, 2023, including sections 191, 126, 115, 118, 109, 74, 352 and 351. The petitioner pleaded that he has a clean antecedent, the assault was a single blow, and he will not abscond if released on bail. The State opposed the bail on the ground of the seriousness of the offences. After considering the arguments, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the trial court.
Issues considered
- Whether bail should be granted to the petitioner despite the nature and number of offences alleged under the BNS Act, 2023.
- Whether the petitioner is likely to abscond or tamper with evidence if released on bail.
Subjects
- bail
- assault
- land dispute
- criminal procedure
- Bihar
- BNS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2363 of 2026
Arising Out of PS. Case No.-146 Year-2025 Thana- KHANPURA District- Samastipur
======================================================
Rakesh Kumar @ Rakesh Kumar Ray @ Raka Kumar S/o Ram Pravesh Ray
R/V Dhaidh Bishanpur, P.S.- Khanpur, Dist.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 1. Heard learned counsel for the petitioner and Mr.
Chandra Bhushan Prasad, learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 191(1), 191(2), 126(2), 115(2),
118(1), 109, 74, 352 and 351(2) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant alleges
that on account of dispute relating to land, petitioner assaulted him
by an iron rod causing injury on head and thereafter Rajan Kumar
assaulted Umesh Rai by danda causing injury on his hand, thereafter,
Samudri Devi and Pandav Kumar assaulted Sujita Kumari by
bamboo stick causing injury on her head while Ram Pravesh Rai and
Pandav Kumar assaulted Prince Kumar by rod on his leg and above
the knee and thereafter villagers gathered and the injured were taken
to the hospital.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.2363 of 2026(2) dt.17-04-2026
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petitioner is in custody since 19.11.2025. It is further submitted that
from perusal of the allegation as alleged in the FIR, it would manifest
that on account of dispute relating to land, the occurence is alleged to
have taken place. It is fairly submitted that no doubt, petitioner is
alleged to have assaulted the informant by rod causing injury on head
and the injury has been opined to be grievous but then the blow is not
alleged to be repeated and petitioner is not a criminal. It is next
submitted that if the privilege of regular bail is granted to the
petitioner, the petitioner will not abscond rather will cooperate in the
trial to prove his innocence.
5. Mr. Chandra Bhushan Prasad, learned A.P.P. for the
State opposes the prayer for regular bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner, above-
named, is directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where the
case is pending in connection with Khanpur P.S. Case No. 146 of
2025.
(Satyavrat Verma, J)
Kundan/-
U T
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