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Patna High CourtCR. MISC./11387/2026bail granted

Rahul Kumar v. The State Of Bihar

2026-04-01Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11387 of 2026 Arising Out of PS. Case No.-316 Year-2025 Thana- BHAGWANPUR District- Begusarai ====================================================== Rahul Kumar Son of Nagendra Mukhiya Resident of Village -Bheeth, PS -Bhagwanpur, Distt -Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Kant For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 01-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No.316 of 2025 dated 24.10.2025, registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 118(2), 109(1), 132, 121(1), 121(2), 125(a), 125(b), 221, 192, 61(2), 263, 324(4) of the Bharatiya Nyaya Sanhita & 27 of Arms Act.

3. As per the FIR, the petitioner, along with others, allegedly tried to obstruct the police in the discharge of their official duties and also pelted stones, causing injuries to several police personnel.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.11387 of 2026(3) dt.01-04-2026 2/3 case. It is further submitted that the name of the petitioner has transpired on the basis of the confessional statement of coaccused Asha Devi. It is next submitted that there are altogether 42 accused persons against whom the FIR has been lodged, out of which 13 are named accused persons, and at best, the petitioner is alleged to be a member of the mob. It is further submitted that the petitioner undertakes to abide by the terms and conditions of bail in the event the privilege of anticipatory bail is extended to the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.

6. Taking into account that the name of the petitioner has transpired only on the basis of confessional statement of co-accused and nothing incriminating has been recovered from the possession of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai/Successor Court in connection with Bhagwanpur P.S.

Patna High Court CR. MISC. No.11387 of 2026(3) dt.01-04-2026 3/3 Case No.316 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:

(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) shikha/- U T