Patna High Court

Rahul KumarversusThe State of Bihar

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

Holding

Anticipatory bail was granted as the allegations were non‑specific and the petitioner had a clean antecedent, warranting bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Rahul Kumar, sought anticipatory bail after the police registered a case (PS Case No. 36 of 2025) alleging his involvement in an assault on an informant and the informant's mother on 12 April 2025. The prosecution charged him under multiple sections of the Bharatiya Nyaya Sanhita, including offences relating to assault, rioting, and criminal intimidation. The petitioner contended that the allegations were vague, he had no specific overt act attributed to him, and he possessed a clean antecedent, noting that similarly situated co‑accused had already been granted bail. The State opposed the bail application. The court, considering the nature of the accusation, the petitioner’s clean record, and the precedent of bail to co‑accused, allowed anticipatory bail subject to a bail bond and sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioner under the Bharatiya Nyaya Sanhita provisions.
Whether the allegations against the petitioner constitute a specific charge sufficient to deny bail.
Whether the petitioner’s clean antecedent and the bail granted to co‑accused affect the decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3), 324(4), 351(2), 352

Subjects

anticipatory bail
bail bond
surety
clean antecedent
assault
criminal procedure
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75658 of 2025
                     Arising Out of PS. Case No.-36 Year-2025 Thana- BANDEYA District- Aurangabad
                 ======================================================
                 Rahul Kumar S/o Munna Paswan @ Muneshwar Nath R/o Village- Suggi,
                 P.S.- Bandeya, District- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukul Kumari , Advocate
                 For the Opposite Party/s :       Mr. Zainul Abedin, 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 191(2), 191(3), 190,

                   126(2), 115(2), 117(2), 109, 352, 351(2), 324(4) of the

                   Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, on 12.04.2025 at 7 AM,

                   when informant was sitting in e-rickshaw of Md. Kaif, all the

                   F.I.R. named accused persons, including this petitioner, came

                   there and assaulted him with lathi, danda and damaged the e-

                   rickshaw. When mother of the informant came to his rescue, she

                   was also assaulted by the accused persons.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Allegation
            Patna High Court CR. MISC. No.75658 of 2025(2) dt.05-02-2026
                                                        2/2




                      of assault is general and omnibus and there is no specific

                      allegation of overt act against this petitioner. Petitioner claims

                      clean antecedent. Similarly situated co-accused persons have

                      already been granted bail by this Hon’ble Court vide order dated

                      02.09.2025 in Cr. Misc. No. 57369 of 2025 .

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

                      the bail application.

                                   6. Considering the nature of accusation and clean

                      antecedent, this anticipatory bail is allowed and it is ordered that

                      let the above named petitioners 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) each with two sureties of the like

                      amount each to the satisfaction of Sub-Divisional Judicial

                      Magistrate, Daudnagar, Aurangabad in connection with Bandeya

                      P. S. Case No. 36 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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