Patna High Court
RAHUL KUMARversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner subject to bond and surety conditions.
Summary
Rahul Kumar, a B.Sc. Agriculture student, was charged with multiple offences including murder (Section 302 IPC) after allegedly assaulting an informant and her husband with a bamboo stick, the husband later dying five days later. The petitioner contended he was not present at the scene and that his name was falsely implicated to damage his career, emphasizing the absence of a dangerous weapon and lack of criminal antecedents. The State opposed bail, citing the specific allegation of causing the husband's death supported by a post‑mortem report. The court considered the petitioner’s youth, the nature of the alleged weapon, the delayed death, and the fact that charges had been framed. It noted the petitioner’s willingness to cooperate and the lack of prosecution witnesses. Consequently, the court granted bail on a Rs. 10,000 bond with two sureties and conditions of physical presence in court.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged murder and multiple other offences.
- Whether the use of a bamboo stick constitutes a dangerous weapon attracting Section 302 IPC.
- Whether the delayed death of the victim affects the applicability of bail provisions.
Legislation cited
- Indian Penal Code — s. 147, 149, 302, 307, 323, 325, 341, 379, 504, 506
Subjects
- bail
- murder
- assault
- Indian Penal Code
- section 302
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49231 of 2025
Arising Out of PS. Case No.-77 Year-2024 Thana- JAGDISHPUR District- Bhojpur
======================================================
RAHUL KUMAR S/O Brida Singh @ Ganga Sagar Singh @ Brinda Singh
Resident of Village- Munsi Tola, Danwan, P.S.- Jagdishpur, District- Bhojpur-
802152
... ... Petitioner/s
Versus
The State Of Bihar
.. ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aaruni Singh, Advocate
For the State : Mr. Chandra Bhushan Prasad, APP
For the Informant : Mr. Ajay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 23-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 147, 149, 341, 323, 325,
307, 379, 379, 504 and 506 of the Indian Penal Code and later on
Section 302 of I.P.C. was added.
3. As per the prosecution case, while the informant
was cutting grass in her field, the accused persons, including the
petitioner, arrived and assaulted her. The petitioner assaulted the
informant on her left hand with a bamboo stick and, when her
husband intervened, the petitioner hit him on the head with the
same stick.
4. The learned counsel for the petitioner submits that
the petitioner was in fact not present at the place of occurrence
and he is a student of Bsc. Agriculture of National Post
Graduation College, Gorakhpur and only with a view to spoil his
Patna High Court CR. MISC. No.49231 of 2025(4) dt.23-02-2026
2/3
career his name was taken in the First Information Report. It is
further submitted that as many as six persons of his family have
been made an accused and the initial allegation discloses that an
assault was made by bamboo stick on the informant and only
when her husband had intervened that this petitioner is alleged to
have given a bamboo stick blow on the head of her husband due
to which he sustained injury and died after five days of the
occurrence during the course of treatment. It has been further
submitted that it would be apparent from the First Information
Report itself that the incident took place out of some heated
exchange between the parties and no dangerous weapon is said to
have been used in the assault, as such, Section 302 of the I.P.C.
would not get attracted in the facts of the case. It has been further
submitted that there is case and counter case between the parties.
The petitioner is in custody since 04.02.2025 and he is a student
with no criminal antecedent. Further, charges have also been
framed on 26.02.2025 and he undertakes to co-operate in the trial,
however, no witness has appeared till date on behalf of the
prosecution and as such, there is no likelihood of conclusion of
trial in near future.
5. Learned APP for the State and learned counsel for
the informant have opposed the grant of bail on the ground that
there is specific allegation on the petitioner of having assaulted on
Patna High Court CR. MISC. No.49231 of 2025(4) dt.23-02-2026
3/3
the head of the deceased on account of which he died, which is
supported by the postmortem report.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioner is a
young student and even as per the allegations, no dangerous
weapon is said to be used for assault and the death of the
deceased also took place after five days of the occurrence during
the course of treatment, coupled with the fact that charges have
been framed and the petitioner undertakes to fully co-operate in
the trial, let the above named petitioner, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned A.C.J.M.-1st, Bhojpur at Ara/concerned Court below in
connection with Jagdishpur P.S. Case No. 77 of 2024 subject to
condition that:-
(i) The petitioner shall remain physically
present in court on each and every date during trial and in the
event of failure on two consecutive dates without sufficient
reasons, his bail bonds shall be liable to be cancelled by the
learned court concerned.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…