Patna High Court
Rahul Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Rahul Kumar Ram, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita for alleged assault on an informant. The prosecution alleged that on 19 April 2025 the petitioner, along with co‑accused, entered the informant's house and assaulted him and his son with bamboo sticks, causing injuries. The petitioner contended innocence, argued that the assault allegation was general and omnibus, and highlighted his clean antecedents, noting that similarly situated co‑accused had previously been granted bail. The State opposed the bail application. Considering the nature of the accusations, the case‑and‑counter‑case dynamics, and other circumstances, the court allowed anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(1), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- assault
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75328 of 2025
Arising Out of PS. Case No.-278 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Rahul Kumar Ram S/o- Vishwakarma Ram Village - Chakara, P.S-Siwan
Muffasil , District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar , Advocate
For the Opposite Party/s : Mr. Rajendra Singh shastri , APP
======================================================
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 a case registered for
the offences punishable under Sections 126(2), 115(2), 117(1),
109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita .
3 . As per prosecution case, on 19.04.2025 at about 10
AM, all the F.I.R. named accused persons including this
petitioner entered the house of informant and assaulted him and
his son by means of bamboo sticks as a result of which they
sustained injuries.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Specific accusation of assault and causing grievous injury is
against co-accused Rahul Kumar Ram son of Ganesh Kumar. So
Patna High Court CR. MISC. No.75328 of 2025(2) dt.05-02-2026
2/2
far, this petitioner is concerned, allegation of assault is general
and omnibus. Case and counter case . Petitioner claims clean
antecedent. Similarly situated co-accused persons have already
been granted by this Hon’ble Court vide order dated 30.07.2025
in Cr. Misc. No. 44227 of 2025 .
5 . Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation , case and
counter case between the parties and other circumstances of the
case , this anticipatory bail is allowed and it is ordered that let
the above named petitioner in the event of their arrest/surrender
before the court below within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of Chief Judicial Magistrate, Siwan in
connection with Siwan Muffasil P. S. Case No. 278 of 2025,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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