Created by Fuzzy Cloud

Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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.