Created by Fuzzy Cloud

Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
                                            2/3




          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
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.