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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to strict conditions.

Summary

Rahul Kumar was arrested in connection with a case filed on 16 September 2024 alleging assault with a knife, extortion of Rs. 1,00,000 and other offences under the Bhartiya Nyaya Sanhita, 2023. The petitioner claimed innocence, stating the injury was simple and that he was falsely implicated, and highlighted that a co‑accused had previously been granted bail. The State opposed bail, citing the seriousness of the charges and the petitioner’s prior criminal history. After hearing both sides, the court ordered the release of the petitioner on bail of Rs. 10,000 with two sureties, imposing several conditions including regular court appearances and restrictions on tampering with evidence. The bail was granted subject to these conditions.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under the Bhartiya Nyaya Sanhita.
  • Whether the petitioner’s prior criminal record and the circumstances of the alleged assault justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • extortion
  • Bhartiya Nyaya Sanhita
  • Indian criminal law
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4119 of 2026
                      Arising Out of PS. Case No.-358 Year-2024 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Rahul Kumar, S/o Deepak Mahto, Resident of village - Sakarpura, Ward no.
                 7, P.S - Bakhri, District - Begusarai
                                                                         ... ... Petitioner/s

                                                        Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashank Chouhan, Advocate
                 For the Opposite Party/s :        Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   26-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Bakhri

                   P.S. Case No. 358 of 2024 dated 16.09.2024 instituted for the

                   offence punishable under Sections 115(2), 118(1), 352, 351(2),

                   308(5), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, on 16.09.2024, when

                   the informant was sitting at Durga Mandir near Bakhri

                   Makkhachak, in the meantime, the co-accused, Rohit Kumar &

                   Sanjeet Mahto started assaulting him with fist, slap and butt of

                   the pistol. It is alleged that the petitioner assaulted him with

                   knife causing injuries on his hand. It is further alleged that the

                   accused persons demanded extortion of Rs. 1,00,000/- from the

                   informant.
Patna High Court CR. MISC. No.4119 of 2026(3) dt.26-02-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in this

          case. Learned counsel for the petitioner further submits that both

          the parties are co-villagers. There are some pity disputes

          between the parties. Allegation against the petitioner is that he

          inflicted knife blows which hit on the hand of the informant. It

          is further submitted that the injury is said to be simple in nature

          as opined by the doctor. Learned counsel for the petitioner

          submits that Sanjeet Mahto @ Sanjeet Kumar @ Sanjeet Kumar

          Mahto, who is said to be Don of the area, has been granted bail

          vide order dated 20.08.2025 passed by co-ordinate Bench of this

          Court in Criminal Miscellaneous No. 57001 of 2025. Lastly, it

          has been submitted that the petitioner is in custody since

          07.07.2025 having 11 criminal cases against him. Charge-sheet

          has been submitted in the case.

                       5. Learned A.P.P. has opposed the prayer for bail of

          the petitioner.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs. 10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned J.M. 1st Class, Begusarai
Patna High Court CR. MISC. No.4119 of 2026(3) dt.26-02-2026
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          in connection with Bakhri P.S. Case No. 358 of 2024, subject to

          the following conditions:-

                          1. Petitioner shall co-operate in the trial and shall

                          be properly represented on each and every date

                          fixed by the Court and on his absence on two

                          consecutive dates without sufficient reason, his bail

                          bond shall be cancelled by the Court below.

                          2. One of the bailors will be his own blood relation,

                          preferably father, mother, brother, sister and or his

                          wife.

                          3. The bailor shall also state on affidavit that he

                          will inform the court concerned if the petitioner is

                          made accused in any other case of similar nature

                          after his release in the present case and thereafter

                          the court below will be at liberty to initiate the

                          proceeding for cancellation of bail on ground of

                          misuse.

                          4. 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.

                          5. The petitioner within two weeks after his release

                          from custody shall appear before the local police
           Patna High Court CR. MISC. No.4119 of 2026(3) dt.26-02-2026
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                                     station along with a copy of this order and

                                     thereafter shall appear in the first week of every

                                     month to mark his attendance till conclusion of

                                     trial.


                                                                  (Khatim Reza, J)

premchand/-

U      T


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