Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner on condition of a bail bond and sureties.
Summary
The petitioner, Rahul Kumar, sought regular bail in a case registered under Sections 342, 323, 324, 327, 379 and 307/34 of the Indian Penal Code, alleging that he and four others kidnapped and assaulted an informant, stole money and attempted murder. The prosecution alleged that the accused surrounded the informant, assaulted him with a knife, forced a money transfer via PhonePe and fired a pistol. The petitioner’s counsel argued that the FIR was vague, the injury report did not match the alleged knife assault, a co‑accused testified that no crime was committed by the petitioner, and no material was recovered from him. The State opposed bail, citing the seriousness of the offences. After considering the facts, the court found the allegations insufficiently specific and granted the petitioner bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the IPC.
- Whether the FIR and injury report provide specific allegations against the petitioner sufficient to deny bail.
- Whether the testimony of a co‑accused and lack of recovered material affect the bail decision.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 327, 34, 342, 379
Subjects
- bail
- Indian Penal Code
- kidnapping
- robbery
- attempted murder
- criminal procedure
- regular bail
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91410 of 2025
Arising Out of PS. Case No.-830 Year-2023 Thana- BARH District- Patna
======================================================
Rahul Kumar S/o Raj Kishor Chaudhary @ Ramkishore Chaudhry @ Tuttu
Chaudhry R/o Village - Agwanpur, P.S - Barh, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajanan Mishra, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 28-01-2026 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 342, 323,
324, 327, 379 & 307/34 of the Indian Penal Code.
3. The case of the prosecution, in short, is that while
the informant was on his way to railway station at 04:30A.M.,
as he reached Kondi Road stand, the petitioner and four others
forcefully surrounded and kidnapped him and brutally assaulted
him with knife and snatched Rupees Twenty Two Thousand and
forced him to transfer Rupees Seventeen Thousand from
informant’s mobile through Phonepe to their bank accounts.
They also fired from pistol which passed away near informant’s
temple region.
Patna High Court CR. MISC. No.91410 of 2025(2) dt.28-01-2026
2/3
4. Learned counsel for the petitioner has submitted
that from perusal of the FIR it is clear that nature of allegation is
general and omnibus. There is no specific allegation against the
petitioner. It has also been submitted by the learned counsel for
the petitioner that as far as injury report is concerned, the injury
of Dharamveer goes to show that he has received injuries with
hard and blunt object, whereas allegation is that he was
assaulted with knife. Learned counsel for the petitioner has
further submitted that in the trial of co-accused Dharamveer
himself has been examined and he has stated that the accused
persons have not committed any crime against him. It has
further been submitted that nothing has been recovered from the
possession of this petitioner. Learned counsel for the petitioner
has lastly submitted that the petitioner is in judicial custody
since 30.08.2025.
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 Barh P.S. Case No. 830 of 2023 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.91410 of 2025(2) dt.28-01-2026
3/3
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate- 1st, Barh (Patna).
(Ashok Kumar Pandey, J)
durgesh/-
U T
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