Patna High Court

Rakesh KumarversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner, holding that the general nature of the allegation does not preclude bail.

Summary

Rakesh Kumar was arrested in connection with a case involving assault and the fatal shooting of an informant's son, alleged to have been part of an unlawful assembly that used firearms. The FIR lists 23 accused, but the only specific allegation against Kumar is his membership in the unlawful assembly; no direct involvement in the shooting is alleged. Kumar, in custody since 14‑07‑2025, sought regular bail, arguing innocence and that similar co‑accused had been granted bail. The State opposed bail on the ground of the seriousness of the offences under the IPC and the Arms Act. The Court examined the nature of the allegations and, finding them general and not specific to Kumar, ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to cooperation with the trial.

Issues considered

Whether a person alleged only to be a member of an unlawful assembly, without specific participation in the violent act, is entitled to regular bail under the IPC and Arms Act provisions.
Whether the seriousness of the offences (including murder‑related charges) warrants denial of bail.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 103(1), 115(2), 190, 191(2), 191(3)

Subjects

regular bail
unlawful assembly
Arms Act
Indian Penal Code
criminal procedure
bail conditions
serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76753 of 2025
                      Arising Out of PS. Case No.-43 Year-2025 Thana- KHUSRUPUR District- Patna
                 ======================================================
                 Rakesh Kumar S/o Rajendra Singh @ Rajendra Prasad Singh R/o Village-
                 Lodipur, Mansurpur, P.S- Khusrupur, Dist- Patna         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sunil Kumar, Adv.
                 For the Opposite Party/s :      Mr.J.N. Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   09-01-2026                    Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection

                   with Khusrupur P.S. Case No. 43 of 2025, registered for the

                   offences punishable under Sections 191(2), 191(3), 190, 103(1),

                   115(2) of the BNS and Section 27 of the Arms Act.

                                3. The allegation made in the first information report

                   is against 23 accused persons that they came, variously armed to

                   the house of the informant and resorted to assault. There is

                   specific allegation against four persons, who also resorted to

                   firing and one Gautam Kumar fired upon the son of the

                   informant, which hit him on the back and while he was being

                   taken for treatment, he died on the way.

                                4. The learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. There is no specific allegation against the petitioner,
           Patna High Court CR. MISC. No.76753 of 2025(3) dt.09-01-2026
                                                       2/2




                     rather, the allegation attributed to the petitioner is general and

                     omnibus in nature. It is evident from the FIR itself that the co-

                     accused, namely Gautam Kumar has fired. The only allegation

                     against the petitioner is that he was a member of the unlawful

                     assembly. He has further submitted that the petitioner has been

                     in custody since 14.07.2025. He has also submitted that on

                     exactly similar footing, co-accused persons have been granted

                     either anticipatory bail or regular bail.

                                  5. On the other hand, the learned APP for the Sate has

                     opposed the prayer for bail.

                                  6.   Considering        the    above-mentioned   facts   and

                     circumstances, let the petitioner above-named, is directed to

                     furnish bail bond and on doing so, the court below shall release the

                     petitioner on bail on furnishing bail bonds of Rs.10,000/- with

                     two sureties of the like amount each to the satisfaction of learned

                     Judicial Magistrate-Ist Class, Patna City in connection with

                     Khusrupur P.S. Case No. 43 of 2025, subject to the following

                     conditions that the petitioner shall cooperate in the disposal of

                     trial and make himself available as and when required by the

                     court.


                                          (Nawneet Kumar Pandey, J)
Nirmal/-
U      T

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