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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Rahul Kumar and Raushan Kumar, sought bail in connection with a criminal case (Kalyanpur PS Case No. 288 of 2025) arising from an FIR dated 22.08.2025 alleging offences under the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that the petitioners obstructed the installation of a smart meter, verbally abused and assaulted Govind Kumar, causing a head injury. The petitioners contended they have a clean antecedent, were falsely implicated, and that the FIR contains only a generic allegation without specific reference to an assault by them. The court considered the lack of specific allegations against the petitioners, their clean record, and the simple nature of the injury, and decided to grant bail subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita. The bail order required a bond of Rs.10,000 with two sureties, cooperation with the trial, and provisions for cancellation upon tampering with evidence or concealment of antecedents.

Issues considered

  • Whether bail should be granted to the petitioners in view of the allegations under the Bharatiya Nyay Sanhita, 2023 and the circumstances of the case

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • smart meter installation
  • false implication
  • clean antecedent
  • Bharatiya Nyay Sanhita
  • Section 438
  • Section 482

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.91246 of 2025
                  Arising Out of PS. Case No.-288 Year-2025 Thana- KALYANPUR District- Samastipur
                ======================================================
           1.    Rahul Kumar S/o Sagar Paswan R/o village - Madhurapur Tara, Police
                 Station - Kalyanpur, District - Samastipur
           2.    Raushan Kumar S/o Lakshman Paswan R/o village - Madhurapur Tara,
                 Police Station - Kalyanpur, District - Samastipur
                                                                          ... ... Petitioner/s
                                                     Versus
                The State of Bihar                                 ... ... Opposite Party/s
                ======================================================
                Appearance :
                For the Petitioner/s     :      Mr. Mahendra Pratap, Advocate
                For the Opposite Party/s :      Mr. Murli Dhar, APP
                ======================================================
                CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                      ORAL ORDER

2 17-02-2026                  Heard Mr. Mahendra Pratap, learned counsel for the

                petitioners and Mr. Murli Dhar, learned Additional Public

                Prosecutor for the State.

                           2. The petitioners are apprehending their arrest in

                connection with Kalyanpur P.S. Case No. 288 of 2025, F.I.R. dated

                22.08.2025 for the offences punishable under Sections 126(2),

                115(2), 109, 132, 352, 351(2), 3(5) of Bharatiya Nyay Sanhita,

                2023.

                           3. According to prosecution case, when one Govind

                Kumart along with other members had gone to Mathurapur Tara

                village for installing smart meter, the petitioners along with other

                co-accused persons obstructed the installation of smart meter and

                verbally abused him and assaulted him causing injury on his head.

                           4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.91246 of 2025(2) dt.17-02-2026
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       petitioners have clean antecedent and they have falsely been

       implicated in the present case. He further submits that the

       allegation as alleged in the F.I.R. is false and fabricated and the

       petitioners have not committed any offences as alleged in the

       F.I.R. Although the petitioners are named in the FIR but from bare

       perusal of the FIR it appears that there is no specific allegation of

       assault or overt act against them rather there is general and

       omnibus allegation against all the accused persons including the

       petitioners and injury inflicted upon the said Govind Kumar is

       simple in nature.

                   5. The learned Additional Public Prosecutor has

       vehemently opposed the prayer for bail of the petitioners.

                   6. Considering the aforesaid facts and circumstances and

       the fact that the petitioners have clean antecedent and there is no

       specific allegation of assault or overt act against them and injury

       inflicted upon the injured person is simple in nature, let the

       petitioners, above named, in the event of 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/- (Ten Thousand) each with two sureties of the like

       amount each to the satisfaction of the learned Chief Judicial

       Magistrate, Samastipur in connection with Kalyanpur P.S. Case
            Patna High Court CR. MISC. No.91246 of 2025(2) dt.17-02-2026
                                                        3/3




                   No. 288 of 2025, subject to the conditions as laid down under

                   Section 438(2) of the Code of Criminal Procedure / Section 482(2)

                   of the Bhartiya Nagarik Suraksha Sanhita and with other following

                   conditions:-

                                i. Petitioners 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 their absence on two consecutive dates without sufficient

                   reason, their bail bond shall be cancelled by the Court below.

                                ii. If the petitioners tampers with the evidence or the

                   witnesses, in that case, the prosecution will be at liberty to move

                   for cancellation of bail.

                               iii. And further condition that the court below shall

                   verify the criminal antecedent of the petitioners and in case at any

                   stage it is found that the petitioners have concealed their criminal

                   antecedent, the court below shall take step for cancellation of bail

                   bond of the petitioners. 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)
Suruchi/-

U      T


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