Created by Fuzzy Cloud

Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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


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.