Patna High Court

Rajeev Swarnkar @ Rajeev Swamkar @ Rajeev KumarversusThe State of Bihar

Decided: 31 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioners.

Summary

The petitioners, Rajeev Swarnkar and Panchanand Swarnkar, were charged under sections 126(2), 115(2), 124(1), 3 and 5 of the B.N.S. for allegedly sprinkling acid that caused injuries to several persons. They contended that the FIR was vague, the dispute, if any, was only with one victim, they had no prior criminal record and were in custody since July 2025. The State opposed regular bail, arguing the seriousness of the offence. The court examined the facts, noted that a co‑accused had already been granted bail in a similar case, and found no compelling reason to deny bail. Consequently, the court ordered the release of both petitioners on regular bail with a bond of Rs 10,000 and two sureties each.

Issues considered

Whether the petitioners are entitled to regular bail despite being charged with acid‑sprinkling offences under the B.N.S.
Whether the FIR sufficiently specifies the alleged offence to justify denial of bail
Whether the petitioners' lack of prior criminal record and the grant of bail to a co‑accused affect the bail decision

Legislation cited

B.N.S. — s. 115(2), 124(1), 126(2), 3, 5

Subjects

regular bail
acid attack
B.N.S.
criminal antecedent
FIR
bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84401 of 2025
                   Arising Out of PS. Case No.-167 Year-2025 Thana- BARHARA KOTHI District- Purnia
                 ======================================================
           1.     Rajeev Swarnkar @ Rajeev Swamkar @ Rajeev Kumar S/O- Sri
                  Panchanand Swarnkar @ Panchanand Swamkar R/o Thatheri Tola, Barhara,
                  Ward No. 07, P.S.- Barhara, Distt.- Purnea, Bihar
           2.     Panchanand Swarnkar @ Panchanand Swamkar S/O- Late Shiv Narayan
                  Swarnkar R/o Thatheri Tola, Barhara, Ward No. 07, P.S.- Barhara, Distt.-
                  Purnea, Bihar
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Prabhat, Advocate
                 For the Opposite Party/s :      Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   31-01-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 126(2),

                   115(2), 124(1), 3 and 5 of B.N.S.

                                3. The case of the prosecution is that the petitioners

                   along with other two named accused persons were sprinkling

                   acid due to previous dispute and due to that, Nilesh Kumar,

                   Mritunjaya Kumar, Himanshu and Vindeshwari Mandal have

                   received acid burn injuries.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence.

                   Learned counsel for the petitioners has submitted that from

                   perusal of the FIR it is clear that the nature of allegation is

                   general and omnibus. It has also been submitted that if at all
            Patna High Court CR. MISC. No.84401 of 2025(3) dt.31-01-2026
                                                        2/2




                      there was any dispute, the dispute was with Nilesh. The injury

                      suffered by Nilesh is simple in nature. Learned counsel for the

                      petitioners has further submitted that one of the co-accused

                      Kundan Swarnkar @ Kundan Soni has been granted bail by this

                      Court vide Cr. Misc. No. 80630 of 2025. The case of this

                      petitioner stands on similar footing. Learned counsel for the

                      petitioner has lastly submitted that the petitioner is having no

                      criminal antecedent and is in judicial custody since 20.07.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Barhara Kothi P.S. Case No. 167 of 2025 on furnishing bail

                      bond of Rs.10,000/- (ten thousand) each of them with two

                      sureties of the like amount each to the satisfaction of learned

                      Chief Judicial Magistrate, Purnea.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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