Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4119 of 2026 Arising Out of PS. Case No.-358 Year-2024 Thana- BAKHARI District- Begusarai ====================================================== Rahul Kumar, S/o Deepak Mahto, Resident of village - Sakarpura, Ward no. 7, P.S - Bakhri, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Chouhan, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bakhri P.S. Case No. 358 of 2024 dated 16.09.2024 instituted for the offence punishable under Sections 115(2), 118(1), 352, 351(2), 308(5), 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on 16.09.2024, when the informant was sitting at Durga Mandir near Bakhri Makkhachak, in the meantime, the co-accused, Rohit Kumar & Sanjeet Mahto started assaulting him with fist, slap and butt of the pistol. It is alleged that the petitioner assaulted him with knife causing injuries on his hand. It is further alleged that the accused persons demanded extortion of Rs. 1,00,000/- from the informant.
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4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner further submits that both the parties are co-villagers. There are some pity disputes between the parties. Allegation against the petitioner is that he inflicted knife blows which hit on the hand of the informant. It is further submitted that the injury is said to be simple in nature as opined by the doctor. Learned counsel for the petitioner submits that Sanjeet Mahto @ Sanjeet Kumar @ Sanjeet Kumar Mahto, who is said to be Don of the area, has been granted bail vide order dated 20.08.2025 passed by co-ordinate Bench of this Court in Criminal Miscellaneous No. 57001 of 2025. Lastly, it has been submitted that the petitioner is in custody since 07.07.2025 having 11 criminal cases against him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Begusarai
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1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5. The petitioner within two weeks after his release from custody shall appear before the local police
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(Khatim Reza, J) premchand/- U T