Patna High Court
Rahul Patel @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to conditions prescribed under Section 438(2) of the CrPC.
Summary
Rahul Patel was arrested in connection with a FIR alleging assault with a knife under several sections of the Bihar National Security Act, 2023. The prosecution alleged that Patel, along with co‑accused, attacked an informant and his brother, causing injuries. Patel pleaded innocence, arguing that the FIR implicated him falsely and that his alleged injury was only simple. The State opposed bail, citing Patel’s prior criminal antecedent, though he was already on bail for that case. The Court, after considering the facts, granted bail on a Rs.10,000 bond with two sureties, imposing conditions under Section 438(2) of the CrPC, including cooperation with the trial, presence in court, and non‑tampering with evidence, and ordered verification of his criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged offences under the Bihar National Security Act, 2023 and his prior criminal antecedent.
Legislation cited
- Bihar National Security Act, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Section 438
- Bihar National Security Act
- assault
- knife injury
- criminal antecedent
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33064 of 2026
Arising Out of PS. Case No.-516 Year-2025 Thana- MAHARAJGANJ District- Siwan
======================================================
Rahul Patel @ Rahul Kumar Son of Sri Ram Patel @ Sri Ram Prasad
Resident of Village- Risaura, P.S.- Maharajganj, Distt.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-07-2026 Heard Ms. Kumari Anupam, learned counsel for the
petitioner and Mr. Kumar Veerendra Narayan, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Maharajganj P.S. Case No. 516 of 2025, F.I.R.
dated 22.10.2025 for the offences punishable under Sections
126(2), 115(2), 118(1), 109, 351(2), 352 and 3(5) of the BNS,
2023.
3. According to prosecution case, this petitioner along
with other accused persons have assaulted the informant and his
brother by means of knife.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. From perusal of the FIR it appears that the FIR is
Patna High Court CR. MISC. No.33064 of 2026(2) dt.01-07-2026
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in two parts, according to part one there is specific allegation of
assault against the co-accused, namely, Chandan Patel who
assaulted brother of the informant by means of knife due to
which he received grievous injury and as per the allegation
against the petitioner is concerned, he along with other accused
persons have assaulted to the informant due to which he also
received injury but his injury report suggest that the injury is
simple in nature.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries one criminal antecedent other than
the present one but fairly submits that he is on bail in the said
case.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, in the event of his arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, 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
ACJM-II, Siwan in connection with Maharajganj P.S. Case No.
516 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure and with
Patna High Court CR. MISC. No.33064 of 2026(2) dt.01-07-2026
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other 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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