Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused as the petitioner’s criminal antecedents and the seriousness of the alleged offences warranted denial.

Summary

The petitioner, Rahul Kumar, was implicated in a 2018 case (PS No.115) for alleged offences under Sections 420, 120(B) and 379 of the Indian Penal Code, accused of being a member of the ‘Chehra Pahchano Inam Pao’ gang. He applied for anticipatory bail, claiming innocence and that the charges were based merely on suspicion. The State opposed the bail, highlighting three prior criminal records, one of which was of a similar nature. The court examined the seriousness of the accusations and the petitioner’s criminal antecedents. Considering the nature of the allegations and the prior similar offence, the court refused the anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the nature of the offences and his criminal antecedents?

Legislation cited

Indian Penal Code — s. 120(B), 379, 420

Subjects

anticipatory bail
criminal antecedents
IPC
Section 420
Section 120(B)
Section 379
gang affiliation
bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74013 of 2025
                   Arising Out of PS. Case No.-115 Year-2018 Thana- PAKARIBARAW District- Nawada
                 ======================================================
                 Rahul Kumar S/o Sanjay Prasad @ Sanjay Singh R/o Village - Ramshila, P.S -
                 Kotwali, District - Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Sinha, Ms. Sanjana, Advocates
                 For the Opposite Party/s :      Mr. Renukar Ratnakar (App 125)
                 ======================================================
                 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 Pakribarawan P. S.

                   Case No. 115 of 2018 registered for the offences punishable

                   under Sections 420, 120(B), 379 of the Indian Penal Code.

                                3. As per F.I.R., this petitioner is alleged to be active

                   member of ‘Chehra Pahchano Inam Pao’ gang.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   has falsely been implicated in this case only on suspicion.

                                5. Learned A.P.P. for the State vehemently opposed

                   the bail application and submitted that petitioner has got three

                   criminal antecedents out of which one criminal antecedent is of

                   similar nature.

                                6. Considering the nature of accusation and criminal
              Patna High Court CR. MISC. No.74013 of 2025(2) dt.05-02-2026
                                                          2/2




                        antecedent of similar nature, prayer for anticipatory bail of the

                        petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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