Patna High Court
Rahul Kumar @ Rahul Kumar Singh @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
Petitioner no. 2 is entitled to pre‑arrest bail, while petitioner no. 1 is denied bail.
Summary
The petitioners, Rahul Kumar and Satyendra Kumar, were implicated in a case (Chakia P.S. Case No. 289 of 2024) alleging assault and several other offences under the Bihar Negotiable Statutes (BNS). They applied for pre‑arrest bail, claiming innocence and false implication, particularly contesting the allegation that petitioner no. 2 assaulted an informant's friend with a stick. The State opposed the bail. The Court examined the nature of the allegations and, finding that petitioner no. 2 had a prima facie case for bail, ordered his release on pre‑arrest bail subject to a bond and sureties, invoking Section 482(2) of the CrPC. The Court declined to grant pre‑arrest bail to petitioner no. 1, noting the seriousness of the allegations against him. The District Court was directed to verify petitioner no. 2’s criminal antecedents and any other pending cases, after which the bail order would stand.
Issues considered
- Whether petitioner no. 2 is entitled to pre‑arrest bail under the circumstances of the FIR.
- Whether the nature of the allegations against petitioner no. 1 justifies denial of pre‑arrest bail.
- Application of Section 482(2) of the Criminal Procedure Code in granting bail.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- pre‑arrest bail
- false implication
- assault
- Criminal Procedure Code
- Section 482
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92062 of 2025
Arising Out of PS. Case No.-289 Year-2024 Thana- CHAKIA District- East Champaran
======================================================
1. Rahul Kumar @ Rahul Kumar Singh @ Abhishek Kumar, aged about 24
years, (M) Son of Ashok Singh
2. Satyendra Kumar, aged about 28 years (M) son of Prithavinath Sah.
Both are resident of village - Mani Chhapra, P.S.- Chakia, District - East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 04-02-2026 Heard Mr. Abhishek Kumar, learned counsel
appearing on behalf of the petitioners and Mr. Ajit Kumar,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Chakia P.S. Case No. 289 of 2024, registered for the
offence punishable under Sections 126(2), 115(2), 118(1),
117(2), 109, 303(2), 351(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, while the
petitioner was returning to his home on a motorcycle along with
his friend Md. Tauhid and reached near Mani Chapra, petitioner
along with other accused persons had stopped them and started
abusing, upon protest of the same, they had assaulted the
Patna High Court CR. MISC. No.92062 of 2025(2) dt.04-02-2026
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informant and his friend causing injury.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. Specific allegation
against petitioner no. 2 is that he had assaulted the friend of the
informant, Md. Tauhid by means of stick and lathi causing
injury. On these grounds, petitioners seek to be released on pre-
arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf
of the parties, as well as, nature of allegation made against the
petitioner no. 2, I am of the opinion that petitioner no. 2 has,
prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner no. 2, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned District Court where the case is
pending, in connection with Chakia P.S. Case No. 289 of 2024,
subject to the condition as laid down under Section 482(2) of
Patna High Court CR. MISC. No.92062 of 2025(2) dt.04-02-2026
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the BNSS.
8. So far as petitioner no. 1 is concerned, considering
the nature of allegation made against him in the FIR, I am not
inclined to enlarge him on pre-arrest bail.
9. The learned District Court is directed to verify
the criminal antecedent of the petitioner no. 2 as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner no. 2 as what has been stated
in paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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