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Patna High Court

Rauki Kumar @ Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, holding that the allegations of firing were not made against him and the assault charge was too general to justify denial of bail.

Summary

The petitioner, Rauki Kumar, was named in an FIR for alleged assault on an informant and alleged involvement in a robbery where a golden chain was snatched, with co‑accused also accused of firing at the informant. The petitioner’s counsel argued that the charge of firing did not pertain to him and that the allegation of assault was vague, emphasizing his clean antecedents. The State opposed bail, contending the seriousness of the offences listed under the Bihar Penal Code and the Arms Act. The court examined the factual submissions, noting that the specific charge of firing was not made against the petitioner and that similar accusations had already resulted in anticipatory bail for a co‑accused. Consequently, the court ordered that the petitioner be released on bail, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail is to be effected if the petitioner is arrested or surrenders within four weeks.

Issues considered

  • Whether the petitioner is entitled to bail under Section 438 of the Criminal Procedure Code despite the serious nature of the offences alleged in the FIR
  • Whether the allegations against the petitioner are sufficiently specific to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • bail under Section 438 CrPC
  • criminal procedure
  • assault
  • arms act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36540 of 2026
                       Arising Out of PS. Case No.-185 Year-2025 Thana- KAKO District- Jehanabad
                 ======================================================
                 Rauki Kumar @ Rakesh Kumar S/o Santosh Yadav Resident Of Village -
                 Mahadeopur, P.s. - Pali, Dist. - Jehanabad.         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nityanand Neeraj
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   15-06-2026                   Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Kako P.S. Case No.

                   185 of 2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 109, 303, 352, 351(2) and

                   3(5) of the BNS and Section 27 of the Arms Act.

                                3. The allegation against petitioner is to assault the

                   informant and also to snatch the golden chain from him. FIR also

                   speaks that some of the co-accused fired upon informant during

                   the course of occurrence.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the allegation of firing is not available

                   against this petitioner, rather same is available against co-

                   accused Lalu Kumar and Chandan Kumar, where one of the co-

                   accused namely Chandan Kumar, against whom the allegation of

                   firing is available has already granted anticipatory bail by one of

                   the learned Co-ordinate Bench of this Court through Cr. Misc. No.
               Patna High Court CR. MISC. No.36540 of 2026(2) dt.15-06-2026
                                                           2/2




                         74648 of 2025 dated 20.02.2026. It is pointed out that

                         allegation against this petitioner is of general and omnibus in

                         nature, who is a man of clean antecedent.

                                      5. Learned APP opposes the prayer of bail.

                                       6. In view of aforesaid factual submission and by

                         taking note of fact as allegation of firing is not available against

                         this petitioner rather allegation qua physical assault is appearing

                         very much general and omnibus, coupled with the fact as

                         petitioner who alleged to fire upon informant during the

                         occurrence have already granted anticipatory bail as discussed

                         aforesaid, accordingly petitioner above-named, in the event of his

                         arrest or surrender before the court below within a period of four

                         weeks, is directed to be released on bail, furnishing bail bond of

                         Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

                         amount each to the satisfaction of the learned SDJM,

                         Jehanabad/concerned Court, where the case is pending in

                         connection with Kako P.S. Case No. 185 of 2025, subject to the

                         conditions as laid down under Section 438(2) of the Cr.P.C/

                         Section 482(2) of BNSS.


                                                                 (Chandra Shekhar Jha, J.)
S.Tripathi/-
U       T


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