Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88098 of 2025 Arising Out of PS. Case No.-143 Year-2025 Thana- Rangara District- Bhagalpur ====================================================== 1.
Rakesh Kumar S/O Shyamdev Mandal R/O Village - Rangra, P.S- Rangra, District - Bhagalpur 2.
Shyamdev Mandal S/O Late Hari Mandal R/O Village - Rangra, P.SRangra, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivekanand Singh, Advocate For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-01-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in a case instituted under Sections 115(2), 352, 351(2)(3), 109, 118(1), 117(2), 74 and 3(5) of the B.N.S.
3. As per prosecution case, the sister of informant was beaten, abused and molested by petitioner no.1 Rakesh Kumar when she was alone at her home. In the evening, when the informant's party went to the house of accused Rakesh Kumar to complain, petitioner no.2 is alleged to have assaulted the informant with iron rod due to which he sustained injury. It is further alleged that Rakesh Kumar assaulted informant's mother with lathi due to which she became unconscious.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.88098 of 2025(2) dt.12-01-2026 2/3 petitioners are innocent and have falsely been implicated in this case. Petitioner no.1 is cousin brother of informant and petitioner no.2 is uncle of informant and both parties are agnates. The occurrence took place for petty matters and both parties sustained injury in the said occurrence. It is further submitted that the injured persons were examined on 24.06.2025 by the concerned doctor but the F.I.R. has been lodged after five days of the alleged occurrence without any plausible explanation. The wife of petitioner no.2 had filed a case prior to the present case on 25.06.2025 but the present case is a counter blast of earlier case filed by the wife of petitioner no.2. The informant has not sustained injury on vital part of his body. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.88098 of 2025(2) dt.12-01-2026 3/3 concerned in connection with Rangra P.S. Case No.143 of 2025, subject to the conditions as laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J) harish/- U T