Created by Fuzzy Cloud

Patna High Court

RAHUL KUMAR CHAUHAN @ RAHUL KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioner’s clean antecedent, the simple nature of the injury, and the allegation of false implication, he is entitled to pre‑arrest bail under Section 482(2) of the BNSS.

Summary

The petitioner, Rahul Kumar Chauhan, sought pre‑arrest bail for offences alleged under several IPC sections, alleging he was falsely implicated due to village politics and enmity. The FIR claimed he and others intercepted an informant’s auto and assaulted him with iron rods and a pistol, causing a simple head injury. The petitioner argued he was not apprehended at the scene, has a clean criminal record, and the injury was minor. The State opposed the bail. The court, after reviewing the FIR and submissions, found the petitioner’s antecedents clean and the injury simple, concluding that he prima facie merits pre‑arrest bail, and ordered his release on bail subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether pre‑arrest bail should be granted in a case involving offences under Sections 341, 342, 323, 324, 307, 379, 504, 506 and 34 of the IPC.
  • Whether the petitioner’s clean antecedent and alleged false implication justify the grant of bail.
  • Whether Section 482(2) of the BNSS empowers the court to release the petitioner on pre‑arrest bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • false implication
  • village politics
  • clean antecedent
  • simple injury
  • Section 482
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.660 of 2026
                   Arising Out of PS. Case No.-335 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 RAHUL KUMAR CHAUHAN @ RAHUL KUMAR S/o- Suresh Mahto R/v-
                 Chaksaidpur Rajouli Ps- Hajipur Sadar Dist- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr.Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   21-04-2026                     Heard Mr. Rajesh Kumar Sinha, learned counsel

                   appearing on behalf of the petitioner and Mr. Uday Chand

                   Prasad, learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Hajipur Sadar P.S. case no. 335 of 2024 for the offence

                   under Sections 341, 342, 323, 324, 307, 379, 504, 506, 34 of

                   I.P.C.

                                3. As per the allegation made in the FIR, the accused

                   persons, including the petitioner, allegedly intercepted the

                   informant’s auto and assaulted him with iron rods and a country-

                   made pistol, causing him head injury.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   falsely been implicated in the present case due to village politics
Patna High Court CR. MISC. No.660 of 2026(4) dt.21-04-2026
                                            2/3




          and enmity. The petitioner was not apprehended from the place

          of occurrence. The injury sustained by the informant is simple in

          nature. The petitioner has clean antecedent. On these grounds,

          the petitioner seeks to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR and upon perusal of the record, it appears that the

          petitioner was not apprehended from the place of occurrence

          and has been implicated due to prior enmity. The injuries

          sustained by the informant are simple in nature. I am of the

          opinion that petitioner, having clean antecedent, has, prima

          facie, made out a case to be released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned District Court where the case is pending /

          Concerned Court in connection with Hajipur Sadar P.S. case no.

          335 of 2024, subject to the conditions as laid down under
           Patna High Court CR. MISC. No.660 of 2026(4) dt.21-04-2026
                                                       3/3




                     Section 482(2) of the BNSS.

                                  8. The learned District Court is directed to verify

                     the criminal antecedent of the petitioner and if it is found

                     that the petitioner is involved in some other cases, as what

                     has been stated in paragraph no.3 of the bail application,

                     this order will automatically lose its force.



                                                (Purnendu Singh, J)
Ashishsingh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.