Rahul Kumar @ Rahul Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Rahul Kumar @ Rahul Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release in the event of arrest or surrender before the learned Court below within four weeks, on bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC r/w Section 482(2) BNSS and conditions that one bailor be a close relative, the petitioner remain physically present in Court on each trial date, the bond be cancellable on absence on two consecutive dates or violation of bail terms, the prosecution may move for cancellation upon involvement in any similar future offence, and the court below verify criminal antecedents (cancellation steps on concealment) without delaying acceptance of the bail bonds.

Issue for consideration

Whether the petitioner, apprehending arrest in Rajoun P.S. Case No. 264 of 2023 (District Banka) registered under Sections 147, 148, 341, 323, 332, 333, 337, 338, 353 and 307 IPC, should be released on anticipatory bail.

Court's answer

The petitioner shall be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within four weeks, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each.

Ratio / Principle

The grant of bail is subject to the conditions under Section 438(2) CrPC read with corresponding Section 482(2) BNSS and to five additional conditions: one bailor to be a close relative; physical presence in Court on each trial date; bail bond liable to cancellation on absence on two consecutive dates or violation of bail terms; prosecution free to move for cancellation if the petitioner is involved in a similar offence in future; and the court below to verify the petitioner's criminal antecedents and take cancellation steps if concealment is found, without delaying acceptance of bail bonds for verification.

Key takeaways

The prayer for bail is allowed.ratio¶33

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, CR. MISC. No.51671 of 2025, dt. 11-08-2025, Sourendra Pandey, J). Rahul Kumar @ Rahul Yadav, apprehending arrest in Rajoun P.S. Case No. 264 of 2023 (District Banka) registered under Sections 147, 148, 341, 323, 332, 333, 337, 338, 353 and 307 IPC — arising from seizure of a sand-laden tractor during patrolling near village Islampur and alleged stone-pelting injuring a police party member, with the petitioner's name surfacing on disclosure of two apprehended motorcycle-borne persons — was ordered released on anticipatory bail in the event of arrest or surrender within four weeks, on bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, one bailor being a close relative. Bail made subject to Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. and further conditions: attendance in Court on every trial date; bond cancellable on absence on two consecutive dates or violation; liberty to the prosecution to seek cancellation if the petitioner is involved in a similar offence in future; and verification of his three known criminal antecedents by the court below, cancellation steps on concealment, without delaying acceptance of bonds for verification. Counsel had contended false implication owing to antecedents, absence of independent witnesses naming him (case diary paragraphs 42, 43, 44, 55) and absence of injury report; the APP opposed the prayer. Prayer for bail allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51671 of 2025

Arising Out of PS. Case No.-264 Year-2023 Thana- RAJAON District- Banka

======================================================

Rahul Kumar @ Rahul Yadav Son of Pappu Yadav Resident of Village- Bhat Korama, P.S.- Rajoun, Distt.- Banka

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar, Advocate For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

2 11-08-2025

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection

with Rajoun P.S. Case No. 264 of 2023 registered for the offences under Sections 147, 148, 341, 323, 332, 333, 337, 338, 353 and 307 of the Indian Penal Code.

3. As per the prosecution case, during routine patrolling near village Islampur, police observed a tractor loaded with sand approaching. Upon seeing the police, the driver escaped. Police seized the tractor, but later people pelted stones at officers, injuring one police party member,

while some suspects escaped with the tractor and two persons on a motorcycle were chased and apprehended and

Patna High Court CR. MISC. No.51671 of 2025(2) dt.11-08-2025 2/4

on their disclosure, the name of the petitioner and others was taken.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case only because he carries three criminal antecedents. Further submission is that no independent witness has disclosed the name of the petitioner, which is reflected in the reference to the case diary in the impugned order as stated in Paragraphs ‘42’, ‘43’, ‘44’ and ‘55’ of the case diary. It is next submitted that there is no injury report on record to substantiate the allegations levelled against the accused persons, including the petitioner.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.51671 of 2025(2) dt.11-08-2025 3/4

learned Court below where the case is pending/successor court in connection with Rajoun P.S. Case No. 264 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:-

(i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The learned 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

Patna High Court CR. MISC. No.51671 of 2025(2) dt.11-08-2025 4/4

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.

7. Accordingly, the prayer for bail is allowed.

(Sourendra Pandey, J)

tusharika/-

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