Rahul KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27778 of 2026
                      Arising Out of PS. Case No.-222 Year-2025 Thana- DIDARGANJ District- Patna
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                 Rahul Kumar son of Mantu Kumar @ Mantu Prasad, Resident of Village
                 -Nijampur, PS- Didarganj, Distt- Patna.
                                                                      ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :      Mr. Jay Ram Prasad, Advocate
                 For the State             :      Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   30-04-2026                        Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2.   In   the   present     case,     the    petitioner      is

                   apprehending his arrest in connection with Didarganj P.S. Case

                   No. 222 of 2025, dated 22.06.2025, registered for the offences

                   punishable under Sections 126(2), 115(2), 109 and 74 read with

                   Section 3(5) of the B.N.S., 2023.

                                      3. As per prosecution case, petitioner and other co-

                   accused persons are alleged to have assaulted the informant, his

                   sons and his wife. They are also alleged to have disrobed the

                   wife of the informant and the co-accused sisters of the petitioner

                   took away cash amounting to rupees eighteen thousand and

                   some ornaments from the house of the informant.

                                      4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in this
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          case. No occurrence in the manner as alleged has ever taken

          place. In fact, petitioner and informant are co-villagers and there

          is previous enmity between them on account of land dispute and

          for this reason informant has implicated the petitioner and his

          whole family in the present case. Though there is general and

          omnibus allegation of assault and other acts against the

          petitioner and his family members and the only specific

          allegation levelled against the petitioner is that he assaulted the

          informant with butt of pistol on back of his head, however

          injury report of the informant does not show any such injury and

          only one injury has been found on the informant which is a

          lacerated wound of size about 1 cm x 0.5 cm x skin deep above

          left eyebrow and the said injury is stated to be simple in nature

          caused by hard and blunt substance. It falsifies the allegation of

          assault by a number of persons including this petitioner and it

          also falsifies the allegation against the petitioner that he hit the

          informant on the back of his head with butt of a pistol as there is

          no injury on the back of head of the informant. Furthermore, all

          injured persons received injuries which are stated to be simple

          in nature. Petitioner is having clean antecedent.

                          5. Learned APP opposes the submissions made on

          behalf of the petitioner.

                          6. Having regard to the facts and circumstances and
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                    submissions made on behalf of the parties and considering the

                    fact that there is non-specific allegation against the petitioner for

                    any overt act and also considering the absence of injury

                    attributed to the petitioner and further considering the possibility

                    of false implication, let the petitioner, above-named, in the event

                    of his arrest or surrender before the Court concerned within a

                    period of eight weeks from today, be released on bail, on

                    furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand

                    Only) with two sureties of the like amount each to the

                    satisfaction of learned Additional Chief Judicial Magistrate,

                    Patna City, Patna, in connection with Didarganj P.S. Case No.

                    222 of 2025, subject to the conditions as laid down under

                    Section 482(2) of the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the Court below, if so required by the

                    learned trial Court.


                                                              (Arun Kumar Jha, J)

Shahnawaz/-
U     T