Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to bail bond, sureties and maintenance conditions.
Summary
Rupesh Kumar applied for anticipatory bail fearing arrest in a complaint case (No. 261C of 2024) filed under IPC sections 115(2), 109, 85, 305 and Section 3 of the DP Act. He claimed innocence and alleged false implication. The court, relying on the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar, considered the petition and the informant’s opposition. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with Section 438(2) CrPC and Section 482 BNSS conditions. Additionally, the court ordered the petitioner to pay a monthly maintenance of Rs.6,000 to the complainant, subject to any family court order. The order was communicated to the District & Sessions Judge for enforcement.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in view of the allegations under IPC and DP Act.
- Whether the petitioner’s apprehension of arrest justifies the grant of anticipatory bail as per Arnesh Kumar principles.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- DP Act — s. 3
- Indian Penal Code — s. 109, 115(2), 305, 85
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC offences
- maintenance order
- Arnesh Kumar guidelines
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89407 of 2025
Arising Out of PS. Case No.-261 Year-2024 Thana- SHEKHPURA COMPLAINT CASE
District- Sheikhpura
======================================================
Rupesh Kumar S/o Ramchandra Mahto R/o Village and P.O - Lohra, P.S.-
Jamui, District - Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vandana Kumari D/o Mahendra Mahton R/o Village - Lutaut, P.O -
Chhathiyara, P.S - Karande, District - Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prakash Mahto
For the Opposite Party/s : Mr. Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends his arrest in connection
with Complaint Case No. 261C of 2024 filed under Sections
115(2), 109, 85, 305 of the IPC and Section ¾ of the DP Act.
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.
5. Learned counsel for the informant has opposed the
application of the petitioner.
6. Considering the submission of the parties and in
light of the law laid down by the Hon’ble Supreme Court in the
Patna High Court CR. MISC. No.89407 of 2025(2) dt.04-02-2026
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case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8
SCC 273, this application of grant of anticipatory bail is
allowed.
7. 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 S.D.J.M.,
Sheikhpura/concerned Court below in connection with
Complaint Case No. 261C of 2024 subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS and with further condition that:
(I). The petitioner is directed to
pay a maintenance amount of Rs. 6,000/-
from the month of February 2026 to the
complainant and the maintenance for the
month of February 2026 shall be paid to the
complainant before 15.02.2026 and
thereafter the maintenance amount shall be
paid to the complainant every month before
the 10th day of the month.
8. The maintenance fixed above shall be subject to
any order of maintenance passed by the Principal Judge Family
court Sheikhpura.
9. Let a copy of this order be communicated to the
Patna High Court CR. MISC. No.89407 of 2025(2) dt.04-02-2026
3/3
Principal District & Sessions Judge, Sheikhpura through FAX
for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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