Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16670 of 2026 Arising Out of PS. Case No.-341 Year-2025 Thana- GOPALPUR District- Gopalganj ====================================================== Rahul Kumar S/o Prasad Ram Resident of Village - Madachak, P.S - Gopalpur, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Dubey, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-03-2026 Heard Mr. Pankaj Kumar Dubey, learned counsel for the petitioner as well as Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 26.12.2025 in connection with Gopalpur P.S. Case No. 341 of 2025, F.I.R. dated 24.12.2025 for the offences punishable under Sections 126(2), 115(2), 117(2), 118(1), 109, 351(2), 352, 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that when the informant and his brother went to discuss about the land measurement with the petitioner's side, the accused persons assaulted the brother of the informant and his family members.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.16670 of 2026(2) dt.16-03-2026 2/3 implicated in the present case. The allegation levelled against the petitioner is false and fabric. It appears from the FIR that due to admitted land dispute the present occurrence has taken place. Although the petitioner is named in the FIR but from bare perusal of the FIR it appears that there is no specific allegation of assault or overt act against him rather there is general and omnibus allegation against all the accused persons including the petitioner and the petitioner is in custody since 26.12.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and there is no specific allegation of assault or overt act against him, let the petitioner, above named, 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 the learned C.J.M., 1st Class, Gopalganj in connection with Gopalpur P.S. Case No. 341 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.16670 of 2026(2) dt.16-03-2026 3/3 reason, his bail bond shall be cancelled by the Court below. ii. 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.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T