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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that bail should be granted to the petitioners subject to bond and surety conditions.

Summary

The petitioners, Rahul Kumar, Raghuvar Pandey and Gautam Kumar, sought bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita alleging they assaulted an informant. The prosecution alleged that the accused abused and injured the informant, while the petitioners contended they were falsely implicated due to a land dispute, highlighted a five‑day delay in filing the FIR and contradictory injury reports, and asserted they had no criminal antecedent. The State opposed the bail application. The Court examined the factual matrix, the delay in the FIR, the alleged falsity of the later injury report, and the petitioners' willingness to cooperate. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the Court ordered that the petitioners be released on bail subject to bond and surety conditions. The order emphasized that bail was appropriate given the circumstances and the petitioners' lack of prior record.

Issues considered

  • Whether bail should be granted to the petitioners pending trial under the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
  • Whether the delay in filing the FIR and the alleged falsity of the injury report warrant bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • preliminary inquiry
  • false FIR
  • injury report
  • land dispute
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77511 of 2025
                     Arising Out of PS. Case No.-17 Year-2025 Thana- Bariyarpur District- Muzaffarpur
                 ======================================================
           1.     Rahul Kumar S/o- Navin Kumar Mishra R/v- Kharawna Ps- Sakra Dist-
                  Muzaffarpur
           2.    Raghuvar Pandey S/o- Late Ram Sagar Pandey R/v- Adhwara Ps-
                 Bariyarpur Dist- Muzaffarpur
           3.     Gautam Kumar @ Gautam Kr. Pandey s/o- Raghuvar Pandey R/v- Adhwara
                  Ps- Bariyarpur Dist- Muzaffarpur
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nachiketa Jha, Advocate
                 For the Opposite Party/s :        Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER
3   11-02-2026                       Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered under Sections 126(2), 115(2), 118(1), 303(2), 352,

                   351(2) and 3(5) of Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, all the accused persons

                   including the petitioners abused and assaulted the informant as a

                   result of which, he sustained injuries.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in the

                   present case due to land dispute. Further submission is that the

                   F.I.R. has been lodged after a delay of five days without any

                   plausible reason. The injury report dated 05.04.2025 of the

                   injured shows simple injury. However, another injury report

                   dated 31.08.2025 is showing grievous hurt without stating the
            Patna High Court CR. MISC. No.77511 of 2025(3) dt.11-02-2026
                                                        2/2




                      injury on the accused. It appears that the injury report dated

                      31.08.2025 is manufactured and false. He next submits that

                      petitioner no. 2 is aged about 69 years. Petitioner nos. 1 & 3 are

                      son-in-law and son of petitioner no. 2 respectively. Petitioners

                      have no criminal antecedent. They undertake to cooperate in the

                      investigation and trial.

                                      5. Learned A.P.P. appearing on behalf of the State

                      opposed the bail application.

                                      6. Having considered the facts and circumstances

                      of the case and submissions of learned counsel for the parties,

                      let the above named petitioners be released on bail, in the event

                      of arrest or surrender before the learned court below within a

                      period of six weeks from today, on furnishing bail bonds of

                      Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                      the like amount each to the satisfaction of learned Additional

                      Chief     Judicial      Magistrate-VIII,         Muzaffarpur   (East)   in

                      connection with Bariyarpur P.S. Case No. 17 of 2025, subject to

                      the conditions as laid down under Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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