Patna High Court
Rauki Kumar @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act — s. 27
- Bihar Negotiable Sale and Settlement (BNSS) — s. 482(2)
- Bihar Penal Code (BNS) — s. 109, 115(2), 118(1), 126(2), 303, 3(5), 351(2), 352
- Criminal Procedure Code — s. 438(2)
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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