Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Rahul Kumar, sought regular bail in a case registered under multiple sections of the B.N.S., alleging assault, firing, and robbery against an informant. The prosecution alleged that the petitioner and others attacked the informant's house, fired weapons, and fled with Rs.1,500 taken from the informant. The petitioner claimed innocence, presented a counter‑version stating the accused were injured, and argued that the evidence of firing was vague and that cartridges were presented by the informant, not recovered by police. The State and the informant opposed bail. After hearing both sides, the court found the allegations insufficient to deny bail and ordered the petitioner released on a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite allegations of assault, firing, and robbery under the B.N.S.
Whether the evidence presented by the prosecution is sufficient to justify denial of bail
Whether the conditions of bail imposed are appropriate

Legislation cited

B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352

Subjects

bail
criminal procedure
assault
robbery
firearms
Bihar
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4726 of 2026
                      Arising Out of PS. Case No.-304 Year-2025 Thana- TEGHRHA District- Begusarai
                 ======================================================
                 Rahul Kumar S/O Sunil Rai R/O Vill.- Narepur, P.S.- Bachhwara, Dist.-
                 Begusarai, at Present Madhurapur Bichala Tola Ward no. 27, P.S.- Teghra,
                 Dist.- Begusarai.                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shubhesh Pandey, Advocate
                 For the State            :        Mr. Anish Chandra, APP
                 For the Informant        :        Mr. Amritesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-02-2026                   Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 115(2),

                   126(2), 109, 303(2), 352, 351(2) and 3(5) of B.N.S.

                                 3. The case of the prosecution is that the petitioner

                   along with others arrived at the house of the informant; started

                   assaulting and made firing. The informant anyhow managed to

                   escape. It is further alleged that the informant called Teghra P.S.

                   and on this the accused persons fled away taking Rs.1,500/-

                   from the pocket of the informant.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that there is also a

                   counter version of this case. It has further been submitted that in
            Patna High Court CR. MISC. No.4726 of 2026(2) dt.02-02-2026
                                                        2/2




                      counter version, the accused side has received injuries. In this

                      case there is only allegation that accused persons have made fire

                      and that allegation is general and omnibus. Learned counsel for

                      the petitioner has further submitted that as far as recovery of the

                      cartridges is concerned, that is not recovered by the police rather

                      that was presented to the police by informant. Learned counsel

                      for the petitioner has lastly submitted that the petitioner is in

                      judicial custody since 27.11.2025.

                                   5. Learned APP appearing for the State and learned

                      counsel for the informant have vehemently opposed the prayer

                      of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Teghra P.S. Case No. 304 of 2025 on furnishing bail bond of

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

                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Begusarai.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

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