Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Rakesh Kumar and Shyamdev Mandal, sought anticipatory bail fearing arrest in a case filed under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.). The prosecution alleged that the petitioners assaulted the informant's sister, the informant, and the informant's mother, leading to injuries. The petitioners contended they were falsely implicated, highlighted familial relations with the informant, and pointed out the delay in filing the FIR and lack of serious injury. The State opposed the bail, but the court, after considering the facts and submissions, ordered that the petitioners be released on bail if arrested within six weeks, subject to bond and surety conditions under Section 482(2) of the B.N.S. The order emphasizes cooperation with investigation and imposes standard bail conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences.
- Whether the delay in lodging the FIR and the nature of injuries affect the grant of bail.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 3(5), 351(2)(3), 352, 482(2), 74
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- assault
- false implication
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88098 of 2025
Arising Out of PS. Case No.-143 Year-2025 Thana- Rangara District- Bhagalpur
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1. Rakesh Kumar S/O Shyamdev Mandal R/O Village - Rangra, P.S- Rangra,
District - Bhagalpur
2. Shyamdev Mandal S/O Late Hari Mandal R/O Village - Rangra, P.S-
Rangra, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in a case instituted
under Sections 115(2), 352, 351(2)(3), 109, 118(1), 117(2), 74
and 3(5) of the B.N.S.
3. As per prosecution case, the sister of informant was
beaten, abused and molested by petitioner no.1 Rakesh Kumar
when she was alone at her home. In the evening, when the
informant’s party went to the house of accused Rakesh Kumar
to complain, petitioner no.2 is alleged to have assaulted the
informant with iron rod due to which he sustained injury. It is
further alleged that Rakesh Kumar assaulted informant’s mother
with lathi due to which she became unconscious.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.88098 of 2025(2) dt.12-01-2026
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petitioners are innocent and have falsely been implicated in this
case. Petitioner no.1 is cousin brother of informant and
petitioner no.2 is uncle of informant and both parties are
agnates. The occurrence took place for petty matters and both
parties sustained injury in the said occurrence. It is further
submitted that the injured persons were examined on 24.06.2025
by the concerned doctor but the F.I.R. has been lodged after five
days of the alleged occurrence without any plausible
explanation. The wife of petitioner no.2 had filed a case prior to
the present case on 25.06.2025 but the present case is a counter
blast of earlier case filed by the wife of petitioner no.2. The
informant has not sustained injury on vital part of his body.
Petitioners have no criminal antecedent and they undertake to
cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case and
submissions of learned counsel for the parties, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail on furnishing bail
bonds of Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.88098 of 2025(2) dt.12-01-2026
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concerned in connection with Rangra P.S. Case No.143 of 2025,
subject to the conditions as laid down in Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
harish/-
U T
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