Patna High Court

Rakesh KumarversusThe State of Bihar

Decided: 20 April 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners, Rakesh Kumar and Satrudhan Kumar, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the BNS and Section 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022. They argued they have clean antecedents and that the FIR does not specifically allege assault against them, merely stating the informant suffered injuries. The State opposed the bail, contending that the petitioners entered a temple while intoxicated, were barred entry, created a ruckus and assaulted the informant and a priest, thereby showing a propensity for violence. The Court examined the submissions and the nature of the allegations, particularly the intoxication and disturbance of a religious place. Concluding that the circumstances did not merit the privilege of anticipatory bail, the Court rejected the petitioners’ prayer. The petition for anticipatory bail was therefore dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the allegations of intoxication and assault in a temple premises
Whether the FIR’s lack of specific assault allegation against the petitioners precludes denial of bail

Legislation cited

BNS — s. 115(2), 117(2), 126(2), 298, 303(2), 3(5), 351, 352

Subjects

anticipatory bail
intoxication
assault
temple disturbance
Bihar Prohibition and Excise Act
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56842 of 2025
                       Arising Out of PS. Case No.-235 Year-2025 Thana- MASAUDHI District- Patna
                 ======================================================
           1.     Rakesh Kumar S/o Dilip Kumar R/o Village- Kashmirganj, PS- Masaurhi,
                  Distt.- Patna
           2.     Satrudhan Kumar @ Satrudhan Ravidas S/o Late Bachan Ravidas R/o
                  Village- Kashmirganj, PS- Masaurhi, Distt.- Patna
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2), 115(2),

                   298, 303(2), 117(2), 351, 352 and 3(5) of the BNS as well as Section

                   37 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and from perusal of the

                   allegation as alleged in the FIR, it would manifest that no specific

                   allegation of assault is alleged against any of the petitioners but

                   informant alleges that he suffered injury on his left arm and fracture

                   in his finger on account of assault by the accused persons by iron rod.

                                4. Learned A.P.P. for the State vehemently opposes the

                   prayer for anticipatory bail of the petitioners and submits that from
           Patna High Court CR. MISC. No.56842 of 2025(2) dt.20-04-2026
                                                       2/2




                     perusal of the allegation as alleged in the FIR, it would manifest that

                     informant alleges that the accused persons including the petitioners

                     entered a temple in an intoxicated condition and when they were

                     prohibited from entering the temple, they created ruckus and

                     assaulted the informant and even assaulted priest (Sadhu) who were

                     present in the temple which amply demonstrates their conduct.

                     Learned A.P.P. fairly submits that though allegation of assault is not

                     specific but then allegation is that they entered the premises of a

                     temple in an intoxicated condition and thereafter assaulted the

                     informant and other persons present in the temple.

                                  5. Considering the submissions made by the learned

                     A.P.P. for the State, the Court is not inclined to extend the privilege

                     of anticipatory bail to the petitioners in connection with Masaurhi

                     P.S. Case No. 235 of 2025 pending in the Court of learned Special

                     Judge, Excise, Patna/Successor Court.

                                  6. Hence, the prayer for anticipatory bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

Continue reading with your account

Checking your session…