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Patna High Court

Rakesh Kumar @ Rakesh Kumar Ray @ Raka KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                       2/2




                     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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