Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
2/2
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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