Patna High Court
Rahul Kumar @ Rahul Kumar ShawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
No offence under Section 307 IPC is made out, and the anticipatory bail application is allowed.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail fearing arrest in a case (Mohanpur P.S. Case No. 97 of 2025) involving alleged offences under several sections of the Bihar Negotiable Service (BNS) Act. The prosecution alleged a trivial dispute leading to grievous injury, while the petitioner claimed innocence and that no head injury existed. The court examined whether the facts established an offence under Section 307 of the Indian Penal Code. Finding that no such offence was made out, the court allowed the bail application. The petitioner was directed to obtain bail on a bond of Rs.10,000 with two sureties, subject to conditions of Section 438(2) CrPC and Section 482 of the BNS Act.
Issues considered
- Whether the facts constitute an offence under Section 307 of the Indian Penal Code
- Whether anticipatory bail can be granted under Section 438(2) of the Code of Criminal Procedure, 1973
- Whether the petitioner is falsely implicated in the offences under the BNS Act
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 307
Subjects
- anticipatory bail
- Section 307 IPC
- Section 438 CrPC
- false implication
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80667 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- MOHANPUR District- Samastipur
======================================================
Rahul Kumar @ Rahul Kumar Shaw S/o Ramji Sah @ Ramji Prasad Shaw @
Ramji Prasad R/o Village - Sarari, P.O - Madhopur, P.S - Mohanpur, District -
Samastipur, State - Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhigyan Kumar
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Mohanpur P.S. Case No. 97 of 2025 registered
for the offence under Sections 126(2), 115(2), 329(3), 109, 352,
351(2) and 3(5) of the BNS.
3. As per the prosecution case, for a trivial dispute,
the alleged incident has taken place in which the victim has
sustained grievous injury.
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 though it is
alleged that the injury has been caused on the head but there is
Patna High Court CR. MISC. No.80667 of 2025(4) dt.10-03-2026
2/2
no injury found on the head.
5. Considering the aforesaid facts, this Court is of
the view that no offence under Section 307 of the Indian Penal
Code is made out and accordingly, 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 Additional
Chief Judicial Magistrate, Shahpur Patori, Samastipur in
connection with Mohanpur P.S. Case No. 97 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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