Patna High Court
Rahul Kumar @ Rahul Kumar DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail, subject to a bail bond and sureties, as the FIR does not contain a specific allegation against him and he has been in custody for an extended period.
Summary
The petitioner, Rahul Kumar, applied for regular bail in a case registered under several sections of the Bharatiya Nyaya Sanhita for allegedly attacking an informant and his brother with a rod and knife, causing serious injuries. The prosecution alleged that the assault was intended to kill, while the petitioner’s counsel argued that the FIR was vague and did not specifically implicate him, making the charge omnibus in nature. The counsel also highlighted that a co‑accused, Krishna Kumar, had been granted bail in a similar case (Cr. Misc. No. 64012 of 2025), suggesting parity. The Additional Prosecutor opposed bail, but the court considered the lack of specific allegation, the petitioner’s prolonged custody since 24‑01‑2025, and the precedent of the co‑accused’s bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Judicial Magistrate. The order reflects the court’s inclination to enlarge bail where the charge is not expressly directed at the accused and where custodial delay is evident.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita for the offences alleged.
- Whether the general and omnibus nature of the FIR precludes a specific allegation against the petitioner, justifying bail.
- Whether the bail granted to a co‑accused in a similar case is determinative for the petitioner’s bail application.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(3), 115(2), 118(1), 118(2), 126(2), 3(5)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- assault
- criminal procedure
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89925 of 2025
Arising Out of PS. Case No.-226 Year-2024 Thana- MAHESHKHUNT District- Khagaria
======================================================
Rahul Kumar @ Rahul Kumar Das S/O Pradeep Das @ Bijender Das R/O
Ward No. 1, Village- Govindpur, P.S.- Maheshkhunt, Dist.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Roy, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 115(2),
126(2), 118(1), 118(2), 109(3) and 3(5) of the Bharatiya Nyaya
Sanhita.
3. The case of the prosecution, in short, is that on
12.12.2024 at 11:00 P.M., accused persons including the petitioner
attacked the informant and his brother with rod and knife with an
intention to kill in which left eye of the informant got damaged
and his brother Dhanik Das received injury on his back.
4. Learned counsel for the petitioner submits that from
perusal of the FIR itself it is clear that the nature of allegation is
general and omnibus. Learned counsel has further submitted that
Patna High Court CR. MISC. No.89925 of 2025(2) dt.27-01-2026
2/2
there is no specific allegation against any of the assailant. Learned
counsel for the petitioner has further submitted that similarly
situated co-accused Krishna Kumar @ Adityaraj @ Aditya Raj has
been granted bail by the learned Co-ordinate Bench vide Cr. Misc.
No. 64012 of 2025. The case of this petitioner stands on similar
footing. Learned counsel for the petitioner has submitted that the
petitioner is languishing in judicial custody since 24.01.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection with Maheshkhunt P.S. Case No. 226 of 2024 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate- 1st Class, Khagaria.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…