Rahul Patel @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33064 of 2026 Arising Out of PS. Case No.-516 Year-2025 Thana- MAHARAJGANJ District- Siwan ====================================================== Rahul Patel @ Rahul Kumar Son of Sri Ram Patel @ Sri Ram Prasad Resident of Village- Risaura, P.S.- Maharajganj, Distt.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Anupam, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-07-2026 Heard Ms. Kumari Anupam, learned counsel for the petitioner and Mr. Kumar Veerendra Narayan, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Maharajganj P.S. Case No. 516 of 2025, F.I.R. dated 22.10.2025 for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 351(2), 352 and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner along with other accused persons have assaulted the informant and his brother by means of knife.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. From perusal of the FIR it appears that the FIR is
Patna High Court CR. MISC. No.33064 of 2026(2) dt.01-07-2026 2/3 in two parts, according to part one there is specific allegation of assault against the co-accused, namely, Chandan Patel who assaulted brother of the informant by means of knife due to which he received grievous injury and as per the allegation against the petitioner is concerned, he along with other accused persons have assaulted to the informant due to which he also received injury but his injury report suggest that the injury is simple in nature.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one but fairly submits that he is on bail in the said case.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 ACJM-II, Siwan in connection with Maharajganj P.S. Case No. 516 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with
Patna High Court CR. MISC. No.33064 of 2026(2) dt.01-07-2026 3/3 other 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, 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) Vanisha/- U T