Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court refused to grant pre‑arrest bail to the petitioner.
Summary
Petitioner Rajesh Kumar sought pre‑arrest bail after the police registered a case alleging his involvement in a series of offences, including assault, kidnapping and possible murder, under multiple sections of the B.N.S. The prosecution alleged that the accused assaulted two women (Naatis) of an informant and abducted the informant’s daughter, who remains missing and is feared dead. The petitioner argued that he feared arrest and sought bail. The court examined the seriousness of the allegations, the direct nature of the accusations, the gravity of the offences, and the fact that the primary victim is still untraced. Considering these factors, the court concluded that granting bail would be inappropriate. Consequently, the petition for pre‑arrest bail was rejected.
Issues considered
- What is the appropriate discretion of the court in granting or refusing pre‑arrest bail in a case involving serious offences such as assault, kidnapping and alleged murder?
Legislation cited
- B.N.S. — s. 103(1), 109(1), 115(2), 126(2), 238, 3(5), 351(2), 352, 61(2)
Subjects
- pre‑arrest bail
- criminal procedure
- serious offences
- assault
- kidnapping
- missing person
- bail discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6656 of 2026
Arising Out of PS. Case No.-212 Year-2025 Thana- KARAI PARSURAI District- Nalanda
======================================================
Rajesh Kumar Son of Mannu Mahto @ Mannu Singh Resident of Village-
Salempur Binsa, P.S.- Karai Prasurai, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Abhinay Raj, Advocate
For the State : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 103(1), 109(1), 61(2), 238, 351(2), 352 and 3(5) of
B.N.S..
3. As per prosecution case, all the F.I.R. named
accused persons, including this petitioner, assaulted the two
Naatis of the informant and disappeared the daughter of the
informant. Informant suspects that her daughter has been killed
by the accused persons. The daughter of informant is still
traceless and both the Naatis are under treatment.
4.. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.6656 of 2026(3) dt.09-04-2026
2/2
case, specific and direct nature of accusation, gravity of offence
and the fact that the victim is still traceless, prayer for grant of
pre-arrest bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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