Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 118(1), 308(5), 3(5), 351(2), 352
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/-
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