Patna High Court
Rakesh Kumar @ Dara Yadav @ Dara @ RakeshversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Rakesh Kumar, was charged under several sections of the Bharatiya Nyaya Sanhita for allegedly assaulting the brother of an informant, causing serious injuries. He claimed he was falsely implicated due to a village rivalry and argued that no specific overt act was alleged against him. The petitioner had four prior criminal records, three under the Excise Act, but had been acquitted in three cases and was on bail in one. The State opposed bail, citing the seriousness of the offences, while the court noted that the charge had been framed, co‑accused had already been granted bail, and there was no risk of evidence tampering or absconding. Considering these factors, the court ordered the petitioner’s release on regular bail with a bond of Rs.10,000 and two sureties, imposing standard conditions for appearance and compliance.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the offences under the Bharatiya Nyaya Sanhita
- Whether the allegations against the petitioner are sufficiently specific to deny bail
- Whether the petitioner poses a risk of tampering with evidence or absconding given his prior criminal antecedents
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 352
- Excise Act
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- village rivalry
- prior criminal antecedents
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9505 of 2026
Arising Out of PS. Case No.-309 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Rakesh Kumar @ Dara Yadav @ Dara @ Rakesh S/o Ramesh Yadav R/o
Village - Masaundha, P.S - Rafiganj, District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offence punishable under Sections 126(2), 115(2), 352,
109(1), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita.
3. It is alleged that this petitioner along with other co-
accused persons assaulted the brother of the informant causing a
number of injuries to him and informant’s brother received 18
stitches.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case due to village rivalry. Further submission is that no
specific overt act is alleged against the petitioner. Allegations
are general and omnibus in nature. Similarly situated co-accused
Patna High Court CR. MISC. No.9505 of 2026(2) dt.17-02-2026
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persons, namely, Mukesh Kumar and Raushan Kumar have
already been granted regular bail by different Co-ordinate
Benches of this Court vide orders dated 08.10.2025 and
01.12.2025 passed in Cr. Misc. Nos. 69777 of 2025 and 80243
of 2025 respectively. Charge has already been framed by the
Court concerned. Petitioner is in custody since 30.06.2025.
Petitioner has four criminal antecedents, out of which, three
belong to Excise Act. Petitioner has been acquitted in three
cases and in one case, he is on bail. Petitioner undertakes to co-
operate in the trial. There is no chance of tampering with the
evidence or absconding of the petitioner.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, submissions of learned counsel for the parties,
period of custody and further considering that charge against the
petitioner has already been framed and similarly situated co-
accused persons have been granted bail, let the above named
petitioner be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional Sessions
Judge-IV, Aurangabad, in connection with Sessions Trial No.
Patna High Court CR. MISC. No.9505 of 2026(2) dt.17-02-2026
3/3
588/2025/71/2025, arising out of Rafiganj P.S. Case No. 309 of
2025 and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of violation of the terms of the bail, the
bail bond of the petitioner will be liable to be cancelled by the
Court concerned.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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