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Patna High Court

Rahul Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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