Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22158 of 2026 Arising Out of PS. Case No.-299 Year-2023 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== 1.
Rakesh Kumar S/o Kamlesh Kumar R/o Village - Dhanawan, P.S - Magadh University, Bodh Gaya, District - Gaya 2.
Bali Kumar S/o Kamlesh Kumar R/o Village - Dhanawan, P.S.- Magadh University, Bodh Gaya, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar, Adv.
For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-05-2026 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The petitioners are apprehending arrest in connection with Magadh University P.S. Case No.299 of 2023 lodged on 01.09.2023, for the offences punishable under Sections 341, 323, 308, 504, 506 and 34 of the IPC.
3. As per the prosecution, FIR has been lodged against 8 named accused persons including the present petitioners against whom there is allegation that they had assaulted and abused the informant and his family members due to which grievous injury sustained.
4. Learned Counsel for the petitioners submits that the
Patna High Court CR. MISC. No.22158 of 2026(3) dt.13-05-2026 2/3 petitioners are innocent and have committed no offence. Counsel also submits that due to village politics, petitioners' name has come in the FIR. He further submits that there is delay of 7 days in lodging the present FIR and the same has not been explained. He further submits that there are case and countercase between the parties.
5. Counsel further submits that the Co-ordinate Bench of this Court has granted anticipatory bail to the co-accused persons vide order dated 31.08.2024 passed in Cr. Misc. No.56854 of 2024.
6. Counsel submits that the criminal antecedent of the petitioner No.1 is clean, whereas petitioner No.2 has one criminal case pending against him in which he is on bail.
7. Learned APP for the State opposes the prayer for bail of the petitioners and submits that there is delay of seven days of lodging the FIR. He further submits that there are case and counter-case between the parties.
8. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
Patna High Court CR. MISC. No.22158 of 2026(3) dt.13-05-2026 3/3 each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of ACJM-XIII, Gayaji in connection with Magadh University P.S. Case No.299 of 2023, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J) Prakashmani/- U T