Patna High Court
Rahul Kumar @ Surya Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that the petitioner is entitled to bail as the allegations do not justify continued detention.
Summary
The petitioner, Rahul Kumar, applied for bail in a criminal case (S.Tr. No. 278 of 2022) involving multiple offences under the Indian Penal Code and the Arms Act. The prosecution alleged that the petitioner, along with others, assaulted the victim, while the defence argued that the petitioner was falsely implicated and that the specific assault allegation pertained to another individual, Pampam Singh. The petitioner had been in custody since 26 May 2026. After hearing arguments from counsel for both sides, the Court considered the nature of the allegations and the petitioner's claim of innocence. The Court concluded that the allegations did not warrant continued detention and allowed the bail application, directing the petitioner to be released on a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the IPC and the Arms Act
- Whether the allegations against the petitioner are sufficient to justify continued custody
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 379, 384, 504, 506
Subjects
- bail
- criminal procedure
- IPC
- Arms Act
- presumption of innocence
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45608 of 2026
Arising Out of PS. Case No.-1 Year-2022 Thana- SONEPUR District- Saran
======================================================
Rahul Kumar @ Surya Prakash Kumar Son of Rama Shankar Singh Resident
of Vill- Parmanandpur, Po- Parmanandpur, P.S- Sonepur, Dist- Saran at
Chapra
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan
For the Opposite Party/s : Mr.Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
S.Tr. No. 278 of 2022 arising out of Sonepur P.S. Case No. 01 of
2022 registered for the offence under Sections 147, 148, 149,
341, 323, 307, 379, 384, 504 and 506 of the Indian Penal Code
and under Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and
others are accused of assaulting the victim.
4. The petitioner is in custody since 26.05.2026.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that there is general and omnibus
Patna High Court CR. MISC. No.45608 of 2026(2) dt.09-07-2026
2/2
allegation against the petitioner and the specific allegation of
assault is against one Pampam Singh.
6. Considering the nature of allegation levelled
against the petitioner, this application is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with S.Tr. No.
278 of 2022 arising out of Sonepur P.S. Case No. 1 of 2022.
(Sandeep Kumar, J)
Vikas/-
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