Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to strict conditions.
Summary
Rahul Kumar was arrested on 6 February 2026 in connection with a 2024 FIR alleging assault with weapons on an informant and her family, invoking multiple sections of the Bihar Narcotic Substances Act, 2023. The prosecution contended that he participated in the assault and has three prior criminal antecedents, though he is on bail in those matters. The petitioner claimed innocence, arguing that the injury to the informant's son was minor and caused by a blunt object. After hearing both sides, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of court attendance, non‑tampering with evidence, and verification of his criminal antecedents. The bail order was made subject to cancellation if the petitioner violates any condition.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior criminal antecedents.
- Whether there is a risk of the petitioner tampering with evidence or influencing witnesses.
- Whether the petitioner has concealed any criminal antecedent that would warrant denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal antecedent
- assault
- weapon offence
- Bihar Narcotic Substances Act
- high court
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24575 of 2026
Arising Out of PS. Case No.-457 Year-2024 Thana- GHORASAHAN District- East
Champaran
======================================================
Rahul Kumar Son of Subhash Singh @ Raj Kishor Singh @ Ram Kishor
Singh @ Subash Singh Resident of Village- Parariya, P.S.- Ghorasahan,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
For the Informant : Mr. Dhananjay Kr. No. 2, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Madhurendra Kumar, learned counsel for
the petitioner, Mr. Dhananjay Kr. No. 2, learned counsel for the
informant and Ms. Pushpa Sinha.1, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.02.2026 in connection with Ghorasahan P.S. Case No. 457 of
2024, F.I.R. dated 05.12.2024 for the offences punishable under
Sections 126(2), 115(2), 118(1), 117(2), 303(2), 352, 351(2) and
3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused persons armed with weapons have assaulted
the informant and her family members due to which they
Patna High Court CR. MISC. No.24575 of 2026(2) dt.22-04-2026
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sustained injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Although the petitioner is named in the FIR and
there is specific allegation against the petitioner that he along
with other accused persons have assaulted the informant and her
family members and son of the informant has received injury
but his injury report suggest that the injury is simple in nature
caused by hard and blunt substance. The petitioner is in custody
since 06.02.2026.
5. The learned counsel for the informant as well as
learned Additional Public Prosecutor have vehemently opposed
the prayer for bail of the petitioner and submits that petitioner
has participated in the present crime in question and apart from
that the petitioner carries three criminal antecedents other than
the present one but fairly submits that he is on bail in all the
pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned SDJM,
Sikrahana, East Champaran, Motihari in connection with
Patna High Court CR. MISC. No.24575 of 2026(2) dt.22-04-2026
3/3
Ghorasahan P.S. Case No. 457 of 2024, 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)
Vanisha/-
U T
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