Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29487 of 2026 Arising Out of PS. Case No.-329 Year-2025 Thana- NARDIGANJ District- Nawada ====================================================== Rahul Kumar S/o Radhe Saw R/o vill - Buchchi, P.S.- Nardiganj, Distt.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the State :
Mr. Pramod Kumar Pandey, APP For the Informant :
Mr. Vishal Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-05-2026 Heard Mr. Vijay Kumar, learned counsel for the petitioner, Mr. Pramod Kumar Pandey learned Additional Public Prosecutor for the State and Mr. Vishal Prasad, learned counsel for the informant.
2. Petitioner seeks bail who is in custody since 06.04.2026 in connection with Nardiganj P.S. Case No. 329 of 2025, F.I.R. dated 06.09.2025 for the offences punishable under Sections 126(2), 127(2), 109, 351(2), 352, 118(2), 74, 191(1), 192(2), 190, 191(3) of the BNS, 2023.
3. According to prosecution case, the petitioner along with other accused persons have brutally assaulted the son of the informant due to which he has received grievous injuries.
4. Learned counsel for the petitioners submits that petitioners is innocent and they have falsely been implicated in
Patna High Court CR. MISC. No.29487 of 2026(2) dt.07-05-2026 2/3 the present case. The allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. From perusal of the F.I.R it appears that although the petitioners are named in the FIR but there is no specific allegation of assault or overt act attributed against this petitoner rather there is general and omnibus allegation against all the accused persons including the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused persons, namely, Ashok Sao @ Ashok Kumar and Deepak Kumar @ Deepu have been granted bail by this Court vide order dated 03.04.2026 passed in Cr. Misc. No. 19570 of 2026. The petitioner is in custody since 06.04.2026.
5. Learned counsel for the informant as well as Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two criminal antecedents but fairly submits that he is acquitted in both cases by the learned Trial Court.
6. Considering the aforesaid facts and circumstances, 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 Judicial
Patna High Court CR. MISC. No.29487 of 2026(2) dt.07-05-2026 3/3 Magistrate 1st Class, Nawada in connection with Nardiganj P.S. Case No. 329 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 reason, their 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