Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Since the FIR lacks a specific allegation of assault against the petitioner, anticipatory bail is warranted.
Summary
The petitioner, Rahul Kumar, was named in FIR No. 66 of 2025 for alleged assault on the informant's son, but the FIR contained no specific allegation of assault against him, only a general allegation against all accused. He applied for anticipatory bail, claiming innocence and false implication. The State opposed, citing his inclusion in the FIR and a prior pending case. The court examined the FIR and noted the absence of any specific charge or overt act attributed to the petitioner. Relying on Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the BNSS, 2023, the court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, presence, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedent and stipulated cancellation of bail for non‑compliance.
Issues considered
- Whether anticipatory bail can be granted when the FIR does not contain a specific allegation against the petitioner
- Whether the inclusion of the petitioner’s name in a general allegation suffices to deny bail
- Whether conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023 are applicable
Legislation cited
- BNSS, 2023 — s. 482
- Code of Criminal Procedure — s. 438
Subjects
- anticipatory bail
- FIR
- specific allegation
- Section 438
- Section 482
- Criminal Procedure
- bail conditions
- assault
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89631 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
Rahul Kumar S/o Bablu Paswan @ Babul Paswan @ Shekhar Paswan @ Anil
Paswan Resident of Village - Chitranjan Road, Purani Bazar, Mahaveer
Ashthan, Sheetala Mandir, Ward No. 11, P.S - Lakhisarai, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the State : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Rajive Ranjan Singh, learned counsel for
the petitioner and Mr. Shahabuddin Azeem @ S. Azeem, learned
APP for the State.
2. The petitioner is apprehending his arrest in
connection with Lakhisarai P.S. Case No. 66 of 2025, F.I.R. dated
20.02.2025 registered for the offences punishable under Sections
191(2), 191(3), 190, 126(2), 115(2), 303(2), 352, 351(2), 109 of
the B.N.S.
3. Allegation against the petitioner is that he along with
other co-accused person have assaulted the son of the informant
due to which he sustained injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that although the petitioner is
Patna High Court CR. MISC. No.89631 of 2025(2) dt.12-01-2026
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named in the F.I.E. but there is specific allegation of assault
attributed against co-accused person namely Sanni Kumar and
F.I.R. is in two parts, in first part, there is specific allegation of
assault against co-accused person namely Sanni Kumar and in
second part, there is general and omnibus allegation against all the
accused persons including the petitioner and there is no specific
allegation of any assault or overt act attributed against the
petitioner in the F.I.R.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner and submits that the
petitioner is named in the F.I.R. and he along with other co-
accused person have assaulted the son of the informant and part
from aforesaid the petitioner carries one more case other than the
present one but fairly submits on the basis of paragraph-3 of the
bail petition that the petitioner is on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that there is no specific allegation of any assault or
overt act against the petitioner in the F.I.R.,let the petitioner, above
named, in the event of his arrest or surrender before the court
below within a period of thirty days from the date of receipt of the
order, be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of learned Chief Judicial Magistrate, Lakihisarai
Patna High Court CR. MISC. No.89631 of 2025(2) dt.12-01-2026
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in connection with Lakhisarai P.S. Case No. 66 of 2025, subject
to the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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