Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66315 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- PALI District- Jehanabad ====================================================== Rahul Kumar Son of Phulendra Yadav Resident of Village - Bhadsara, Police Station - Pali, District - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Alamdar Hussain, Advocate Mr. Shashi Bhushan Kumar, Advocate Mr. Chandra Kishore Kumar, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP For the Informant :
Mr. Pankaj Kumar, Advocate Mr. Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-02-2026
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in connection with Pali P.S. Case No. 09 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 352, 109(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and is in custody since 03.06.2025. It is further submitted that in sum and substance the informant alleges that on 09.02.2025 at about 07:30 PM while he was going to Mahadevpur and when he reached in front of
Patna High Court CR. MISC. No.66315 of 2025(4) dt.05-02-2026 2/3 the house of Shivram, the accused persons including the petitioner intercepted him and started abusing, on protest, petitioner assaulted him by knife causing injury on abdomen.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that petitioner and the informant are neighbours and are having dispute relating to passage. It is also submitted that charges have been framed and trial has commenced and the informant has been examined as PW-1 wherein he has not supported the case of the prosecution, rather has stated that on the date of occurrence he fell on a sharp edged rock, on account of which got injured. It is further submitted that when informant himself has resiled from the allegations as alleged in the FIR, no fruitful purpose would be served by keeping the petitioner in jail. It is also submitted that petitioner will not abscond rather will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State as well as the learned counsel appearing on behalf of the informant opposes the bail application, but then learned counsel appearing on behalf of the informant is not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that
Patna High Court CR. MISC. No.66315 of 2025(4) dt.05-02-2026 3/3 informant as PW-1 in the trial has not supported the case of the prosecution.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Pali P.S. Case No. 09 of 2025.
7. However, it is made clear that in the event if the learned Trial Court comes to a conclusion that petitioner, after his release, is trying to delay the trial in any manner, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner
8. Accordingly, the bail application stands allowed. (Satyavrat Verma, J) Rishabh/- U T