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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the bail application is allowed as the petitioner is not the principal assailant and is entitled to bail under the relevant provisions.

Summary

The petitioner, Rahul Kumar, sought relief fearing arrest in a criminal case (Patepur PS Case No. 264 of 2025) that alleged his participation in an assault on a victim under several sections of the Bihar Negotiable Sale Act. The prosecution alleged that the petitioner and others assaulted the victim, while the petitioner contended that he merely caught hold of the victim and was not an assailant. The petitioner applied for bail, arguing that he had been falsely implicated. The Court examined the claim that the petitioner was not the principal assailant and considered the applicability of bail provisions under Section 438(2) of the Code of Criminal Procedure and Section 482 of the BNSS. Finding merit in the petitioner's contention, the Court allowed the bail application. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of the cited statutes.

Issues considered

  • Whether the petitioner is entitled to bail under Section 438(2) of the CrPC in view of the allegations against him
  • Whether the petitioner can be considered an assailant under the charges framed under the BNSS
  • Whether the petitioner's claim of false implication warrants the grant of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • false implication
  • Section 438
  • Section 482
  • High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78330 of 2025
                       Arising Out of PS. Case No.-264 Year-2025 Thana- PATEPUR District- Vaishali
                 ======================================================
                 Rahul Kumar S/O Ravindra Kishore Ray @ Ravindra kishor Ray @ Ravi Ray
                 R/O Village- Bajitpur Barbarwa, P.S- Patepur, Distt.- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anuj Kumar
                 For the Opposite Party/s :        Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   10-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Patepur P.S. Case No. 264 of 2025 registered

                   for the offence under Sections 127(1), 115(2), 109, 74, 352,

                   351(2), 3(5) of the BNS.

                                   3. As per the prosecution case, the petitioner and

                   others are said to have assaulted the victim.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that the

                   petitioner has only caught hold of the victim and he is not the

                   assailant of the victim.
          Patna High Court CR. MISC. No.78330 of 2025(3) dt.10-03-2026
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                                    5. Considering the fact that the petitioner is not the

                    assailant of the victim, this application is allowed.

                                      6. Let the petitioner, above named, in the event of

                    his arrest or surrender before the concerned Court below within

                    four weeks from today, be released on bail on furnishing bail

                    bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

                    like amount each to the satisfaction of the learned Chief Judicial

                    Magistrate, Vaishali at Hajipur/concerned Court below in

                    connection with Patepur P.S. Case No. 264 of 2025, subject to

                    the conditions laid down in Section 438(2) of the Code of

                    Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


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