Patna High Court
Rakesh Kumar @ Rakesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Rakesh Kumar, was named in FIR No.120 of 2022 for alleged offences including rioting, assault, and possession of arms, alleged to have occurred on a college campus where he and others assaulted students, staff and obstructed public servants. He applied for anticipatory bail, claiming innocence and asserting that the case is based solely on a confessional statement of a local watchman, and that he has a clean antecedent. The State opposed the bail, emphasizing the seriousness of the charges under multiple sections of the Indian Penal Code and Section 27 of the Arms Act. The Court examined the nature and gravity of the alleged offences and the evidentiary basis. Considering the seriousness of the accusations, the Court refused the petition for anticipatory bail. The order was delivered by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature and gravity of the offences alleged under the Indian Penal Code and the Arms Act
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 332, 341, 353, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Arms Act
- rioting
- assault
- obstruction of public servants
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73520 of 2025
Arising Out of PS. Case No.-120 Year-2022 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Rakesh Kumar @ Rakesh Paswan Son of Mahendra Paswan Resident of
Sivri, P.S. - Manjhaul, Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Gautam, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Cheria Bariyarpur P.
S. Case No. 120 of 2022 registered for the offences punishable
under Sections 147, 148, 149, 341, 323, 332, 307, 353, 504, 506
of the Indian Penal Code and Section 27 of the Arms Act.
3. As per F.I.R. this petitioner along with other
accused persons entered into the college campus, assaulted
students and the staff and obstructed public servants in
discharging their duty.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has been made accused in this case merely on the basis of
confessional statement of local Chaukidar. Petitioner claims
Patna High Court CR. MISC. No.73520 of 2025(2) dt.05-02-2026
2/2
clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and gravity of
the offence, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…