Patna High Court
Rakesh Kumar @ Rakesh Sharma @ Rakesh Ranjan @ Rakesh LulhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail was granted with conditions, as the allegations were deemed vague and the dispute primarily civil in nature.
Summary
The petitioner, Rakesh Kumar, sought anticipatory bail in a criminal case (PS Case No. 162 of 2018) alleging offences under Sections 384, 287 and 34 of the IPC for threatening an informant in a land sale dispute. The petitioner argued that the matter was essentially a civil dispute over a sale agreement and that his earlier anticipatory bail application was rejected due to health issues. The State opposed, noting a prior antecedent and that the petitioner was already on bail in another case. The Court observed that the allegations of threat were vague and the underlying dispute was civil, and therefore granted anticipatory bail subject to strict conditions, including bail bonds, sureties, appearance requirements, and non‑interference with witnesses. The order directed the petitioner to surrender within four weeks and comply with the conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted in a case where the alleged offence arises from a civil land dispute
- Whether the allegations of threat under IPC Sections 384, 287 and 34 are sufficient to deny bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 287, 34, 384
Subjects
- anticipatory bail
- civil dispute
- land sale
- threat
- IPC
- CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25254 of 2026
Arising Out of PS. Case No.-162 Year-2018 Thana- KADAMKUAN District- Patna
======================================================
Rakesh Kumar @ Rakesh Sharma @ Rakesh Ranjan @ Rakesh Lulha Son of
Subhash Sharma Resident of Village- Choti Tangraila, P.S.- Naubatpur, Distt.-
Patna
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mthilesh Kumar
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Kadamkuan P.S. Case No. 162 of 2018 registered for the
offence punishable under Sections-384, 287/34 of the Indian Penal
Code.
3. As per prosecution case, the informant was engaged in
land sale and purchase business with Kameshwar Prasad who
allegedly misused the power of, attorney given by a client in a
fraudulent manner. When the informant discovered the fraud, he
objected and demanded the return of the client’s payment. The
allegation against the petitioner is of threatening the informant along
with others.
4. Counsel for the petitioner submits that the allegations
Patna High Court CR. MISC. No.25254 of 2026(2) dt.22-04-2026
2/3
pertains to civil dispute relating to agreement for sale executed by
Sanjay Kumar. It is next submitted that the petitioner had initially
filed an application for grant of anticipatory bail before the District
Court which was rejected and thereafter, the petitioner suffered
paralysis and thereafter, covid ensued that is why, the petitioner could
not take steps for filing anticipatory bail before this court and after
cure from paralysis, the petitioner has approached this court. The
dispute purely relates to civil nature for sale and purchase of land. It
is further submitted that co-ordinate bench of this court has extended
the privilege of anticipatory bail to the co-accused which is appended
as Annexure-P/2 and P/3 to this application.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail of the petitioner by submitting that the petitioner
has got one more antecedent except the present one but he fairly
submits that the petitioner is on bail in the pending other case.
6. Considering the fact that the matter relates to civil
nature, and the allegation of threatening against the petitioner is
general and omnibus but not specific, let the petitioner above named
in the event of his arrest or surrender before the court below within a
period of four weeks be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate-Ist
Class, Patna in connection with Kadamkuan P.S. Case No. 162 of
2018, subject to the condition as laid down under Section 482(2) of
Patna High Court CR. MISC. No.25254 of 2026(2) dt.22-04-2026
3/3
the B.N.S.S. as well as the following conditions:
(i) One of the bailors should be family
member/relative/known of the petitioner who shall provide official
document/personal affidavit to show his bona fide;
(ii) The petitioner shall appear before the trial court on
each and every date fixed in the case and if, his failure to do so on
two consecutive dates without plausible reason, will entail
cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences, failing
which, the State shall be at liberty to take steps for cancellation of the
bail bonds;
(iv) The petitioner shall desist from committing any
criminal offence again, failing which, the State shall be at liberty to
take steps for cancellation of the bail bonds.
(Ajit Kumar, J)
A.K.V.//-
U T
Checking your session…