Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
The court denied anticipatory bail to petitioner No. 1 but granted it to petitioners No. 2 and No. 3.
Summary
The petitioners, three brothers, were charged under Sections 126(2), 115(2), 352, 351(2), 109(1), 74 and 3(5) of the Bhartiya Nyaya Sanhita for allegedly entering a shop, abusing the informant, attempting to outrage her modesty and assaulting her son with a pistol butt. They filed an application for anticipatory bail. The State argued that there were specific allegations, particularly against petitioner No. 1, relating to harassment and threats. The petitioners contended that the allegations were vague, that they were falsely implicated, and that the injury to the victim was simple. The Court, considering the supervision note and the specificity of the case against petitioner No. 1, refused anticipatory bail to him, while granting bail to petitioners No. 2 and No. 3 on the basis that the allegations against them were general and the injury was minor. Bail for petitioners 2 and 3 was conditioned on a bond of Rs 10,000 and compliance with Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to petitioner No. 1 in view of specific allegations under the Bhartiya Nyaya Sanhita.
- Whether anticipatory bail should be granted to petitioners No. 2 and No. 3 where the allegations are general and the injury is simple.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- assault
- harassment
- specific allegation
- general allegation
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5868 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- CHIKSAUR District- Nalanda
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1. Rakesh Kumar S/o Vijay Prasad @ Nagina Prasad @ Vijay Yadav R/o
Village - Maranchi, P.O. and PS- Chiksaura, District- Nalanda
2. Golu Kumar S/o Vijay Prasad @ Nagina Prasad @ Vijay Yadav R/o Village -
Maranchi, P.O. and PS- Chiksaura, District- Nalanda
3. Ravi Kumar S/o Vijay Prasad @ Nagina Prasad @ Vijay Yadav R/o Village -
Maranchi, P.O. and PS- Chiksaura, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh
For the Opposite Party/s : Mr. Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 23-04-2026 1. Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Chiksaura Police Station Case No. 200 of 2025, dated
22.10.2025, disclosing offences under Sections
126(2)/115(2)/352/351(2)/109(1)/74/3(5) of the Bhartiya
Nyaya Sanhita.
3. That the prosecution case, as per the First Information
Report, is that on 22.10.2025 at about 9:00 A.M., while
the informant was at her shop, the petitioners entered into
the informant’s shop, started abusing her, misbehaved
Patna High Court CR. MISC. No.5868 of 2026(5) dt.23-04-2026
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with her and tried to outrage her modesty. Upon alarm
being raised, the son of the informant came arrived there,
whereupon the petitioners assaulted him with pistol butt
causing him head injury. It has further been alleged that
when the husband of the informant arrived, he was also
assaulted and abused and was given life threats.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated
in the present case on the basis of concocted story. No
specific overt act has been alleged against the petitioners
and allegations against them are general and omnibus in
nature. He next submits that there is love affairs between
the informant’s daughter and petitioner no. 1 which was
opposed by the informant’s side due to which the present
occurrence has taken place. There is case and counter-
case between the parties inasmuch as the side of the
petitioners has lodged Chiksaura Police Station Case No.
205 of 2025 against the informant’s husband and others.
He further submits that the victim has sustained simple
injury caused by hard and blunt substance.
5. On the other hand, learned counsel for the State, referring
to the supervision note at paragraph no. 25 of the case
Patna High Court CR. MISC. No.5868 of 2026(5) dt.23-04-2026
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diary, submits that allegation against the petitioner no. 1
is specific and due to his inappropriate behavior of
harassment and teasing and after several unsuccessful
attempts at counseling and resolution, the informant has
decided to discontinue her daughter’s schooling/tuition in
order to ensure her safety and protect her dignity.
6. Regards being had to the submissions made on behalf of
the parties and taking into consideration the supervision
note at paragraph no. 25 of the case diary and the fact that
there is specific allegation against the petitioner no. 1, I
am not inclined to grant the petitioner no. 1 privilege of
anticipatory bail.
7. This application with respect to petitioner no. 1 is,
accordingly, dismissed.
8. Insofar as petitioner nos. 2 and 3 are concerned, the
allegations against them are general and omnibus in
nature and the victim has sustained simple injury, I am
inclined to grant petitioner nos. 2 and 3 privilege of
anticipatory bail.
9. Let the petitioner nos. 2 and 3, above named, in the event
of their arrest or surrender before the Court below within
four weeks, be released on bail on furnishing bail bond of
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Rs. 10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate - I, Hilsa, Nalanda, in
connection with Chiksaura Police Station Case No. 200 of
2025, subject to the condition laid down under Section
482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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