Rahul KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43961 of 2026
                     Arising Out of PS. Case No.-370 Year-2026 Thana- GARDANIBAG District- Patna
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                 Rahul Kumar S/o Ashok Rai @ Ashok Ram Resident of Mohalla - Janki Path,
                 New Damariya, Gardanibagh, P.S. - Gardanibagh, District - Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rabi Bhushan, Adv.
                 For the Opposite Party/s :      Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   08-07-2026                  Heard learned Advocate for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Gardanibagh P.S. Case No.370 of 2026 registered for the

                   offences punishable under Sections 329(3), 329(4), 126(2),

                   109(1), 115(2) 74, 351(2), 352 and 3(5) of the BNS and Section

                   27 of the Arms Act.

                                3. Allegedly, in the midnight of 01.05.2026, the

                   petitioner barged into the house of the informant; resorted to

                   open firing, caught hold of the informant's husband and dragged

                   him out and further assaulted. It is further alleged that the

                   petitioner also misbehaved with her during the incidence. The

                   prosecution further alleges that the petitioner had earlier also

                   misbehaved with them in a similar manner.
Patna High Court CR. MISC. No.43961 of 2026(2) dt.08-07-2026
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                       4. Learned Advocate for the petitioner contended that

          the parties are neighbors and from the F.I.R., it appears that the

          dispute has arisen on account of a pre-existing land dispute

          between them. It is submitted that, on account of the said

          dispute, an altercation took place, which culminated in the

          institution of the present F.I.R. with an oblique motive to wreak

          vengeance and put pressure upon the petitioner. It is further

          submitted that, although the F.I.R. refers to similar earlier

          incidents, it nowhere discloses that any complaint or F.I.R. had

          ever been lodged in respect thereof. Learned counsel also

          submitted that, as per the allegations contained in the F.I.R., no

          person sustained any injury in the alleged occurrence. Moreover,

          the petitioner bears fair antecedent.

                       5. On the other hand, learned Advocate for the State

          opposed the bail application.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and the nature

          of allegations leveled against the petitioner, coupled with his fair

          antecedent and the fact that none has sustained injury, let the

          above named petitioner, be released on bail, in the event of his

          arrest or surrender before the learned Court below within a

          period of four weeks from today, on furnishing bail bond of Rs.
              Patna High Court CR. MISC. No.43961 of 2026(2) dt.08-07-2026
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                        10,000/- (Ten thousand) with two sureties of the like amount

                        each to the satisfaction of learned Additional Chief Judicial

                        Magistrate-XIII, Patna in connection with Gardanibagh P.S.

                        Case No.370 of 2026, subject to the condition as laid down

                        under Section 482(2) of the BNSS, with further condition that

                        one of the bailors shall be the own/close family members of the

                        petitioner.



                                                    (Harish Kumar, J)
rohit/-

U         T