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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was denied to petitioner Rahul Kumar, granted to petitioner Kanhai Prajapati, and the application of petitioner Sunil Prajapati was withdrawn.

Summary

The petitioners Rahul Kumar, Sunil Prajapati and Kanhai Prajapati applied for anticipatory bail in a case alleging assault and robbery under several sections of the B.N.S. Sunil Prajapati was already arrested, so his application was withdrawn. The State opposed bail, citing specific accusations and medical evidence of grievous injuries caused by Rahul Kumar. The court found the allegations against Rahul Kumar specific and serious, denying him anticipatory bail, while deeming the accusations against Kanhai Prajapati general and noting his clean record, thereby granting him anticipatory bail with a bail bond of Rs.10,000 and two sureties. The application was disposed of with these directions.

Issues considered

  • Whether anticipatory bail should be granted to petitioner Rahul Kumar under the applicable provisions.
  • Whether anticipatory bail should be granted to petitioner Kanhai Prajapati given the nature of the accusations.
  • Whether the anticipatory bail application of petitioner Sunil Prajapati can be withdrawn due to his arrest.

Legislation cited

  • B.N.S. — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 303(2)
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • bail bond
  • criminal procedure
  • assault
  • false implication
  • Section 482
  • Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.957 of 2026

                     Arising Out of PS. Case No.-252 Year-2025 Thana- JAMHOR District- Aurangabad
                 ======================================================
           1.    Rahul Kumar S/O Sunil Prajapati @ Gautam Kumar Resident of Village-
                 Chichanmi, P.S- Jamhore, District- Aurangabad
           2.    Sunil Prajapati @ Gautam Kumar Son of Late Radha Mohan Prajapati
                 Resident of Village- Chichanmi, P.S- Jamhore, District- Aurangabad
           3.    Kanhai Prajapati Son of Dukhdewan Prajapati Resident of Village-
                 Chichanmi, P.S- Jamhore, District- Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Binod Kumar Pandey, Advocate
                 For the State           :        Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   24-03-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned APP appearing on behalf of the State.

                                2. At the outset, learned counsel appearing on behalf

                   of the petitioners seeks permission to withdraw this anticipatory

                   bail application with regard to Petitioner No. 2, namely Sunil

                   Prajapati @ Gautam Kumar, as during pendency of this case,

                   Petitioner No. 2 has already been arrested and the same has

                   become infructuous.

                                3. Permission, as prayed for, is accorded.
Patna High Court CR. MISC. No.957 of 2026(4) dt.24-03-2026
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                       4. Accordingly, this anticipatory bail application with

          regard to Petitioner No. 2 stands dismissed as withdrawn.

                       5. Petitioner Nos. 1 and 3 apprehend their arrest in a

          case registered for the offence punishable under Sections

          191(2), 190, 126(2), 115(2), 117(2), 109 and 303(2) of the

          B.N.S..

                       6. As per prosecution case, it is alleged that all the

          F.I.R. named accused persons, including these petitioners,

          abused and assaulted son of informant and snatched his gold

          chain on the point of pistol. It is further alleged that when the

          informant, along with his wife, went to the house of the accused

          persons to complain about the incident, they were also brutally

          assaulted.

                       7. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. As a matter of fact, both parties are

          co-villagers and petitioners have falsely been implicated in this

          case with ulterior motive. Allegation of assault is general and

          omnibus and no specific accusation of overt act has been alleged

          against these petitioners. Petitioners claim clean antecedents.

                       8. On the other hand, learned A.P.P. for the State has
Patna High Court CR. MISC. No.957 of 2026(4) dt.24-03-2026
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          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioners and submitted that petitioners are named in the

          F.I.R. with specific accusation that they assaulted informant, his

          wife and his son. It is further submitted that doctor has found

          the injuries, caused by Petitioner No. 1, grievous in nature.

                       9. Considering the facts and circumstances of the

          case, specific and direct nature of accusation and nature of

          injuries allegedly caused by Petitioner No. 1, the prayer for

          grant of anticipatory bail to Petitioner No. 1 is rejected.

                       10. So far as Petitioner No. 3 is concerned,

          considering the facts and circumstances of the case, general and

          omnibus nature of accusation and clean antecedents of the

          petitioners, the prayer for grant of anticipatory bail to Petitioner

          No. 3 is allowed.

                       11. Accordingly, in the event of arrest/surrender

          within a period of eight weeks from today, let the above named

          Petitioner No. 3 be enlarged 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 A.C.J.M. VIII, Aurangabad in

          connection with Jamhore P.S. Case No. 252 of 2025, subject to

          condition as laid down under Section 482(2) of the B.N.S.S..
             Patna High Court CR. MISC. No.957 of 2026(4) dt.24-03-2026
                                                         4/4




                                    12. With the aforesaid directions, this application

                       stands disposed of.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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