Rajeev Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Rajeev Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on arrest or surrender before the Trial Court within six weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Nalanda (Biharsharif), in connection with Rahui P.S. Case No. 638 of 2025, subject to conditions under Section 482(2) BNSS.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Rahui P.S. Case No. 638 of 2025 registered for offences punishable under Sections 191(2), 126(2), 115(2), 109(1), 117(2), 303(2), 324(4) and 352 of the BNS.

Court's answer

On perusal of the FIR and the impugned order dated 30.03.2026, there is no specific allegation of assault against the present petitioner, only a general and omnibus allegation; further, the nature of injury is not mentioned in the impugned order, and the petitioner has no criminal antecedent (as stated in para-3 of the bail petition). These considerations ground the grant of anticipatory bail.

Ratio / Principle

The petitioner is to be released on anticipatory bail in the event of his arrest or surrender before the Trial Court within six weeks, on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Nalanda (Biharsharif), in connection with Rahui P.S. Case No. 638 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS.

Detailed headnote1 paragraphs

Anticipatory bail allowed — High Court of Judicature at Patna, Criminal Miscellaneous No. 29655 of 2026, oral order of Ramesh Chand Malviya, J., dated 06-05-2026, arising out of Rahui P.S. Case No. 638 of 2025 (District Nalanda). Petitioner apprehended arrest for offences punishable under Sections 191(2), 126(2), 115(2), 109(1), 117(2), 303(2), 324(4) and 352 of the BNS. From perusal of the FIR and the impugned order dated 30.03.2026, the court found no specific allegation of assault against the petitioner — only general and omnibus allegation — observed that the nature of injury was not mentioned in the impugned order, and recorded that the petitioner had no criminal antecedent (para-3 of the bail petition). Petitioner directed to be released on arrest or surrender before the Trial Court within six weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Nalanda, subject to the conditions laid down under Section 482(2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29655 of 2026

Arising Out of PS. Case No.-638 Year-2025 Thana- RAHUI District- Nalanda

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

Rajeev Kumar S/o Sri Vinod Paswan Resident of Village - Dulchandpur, P.S - Rahui, District - Nalanda (Biharsharif)

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Kumar Manglam, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

2 06-05-2026 Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner apprehends his arrest in connection with Rahui P.S. Case No. 638 of 2025 registered for the offences punishable under Sections 191(2), 126(2), 115(2), 109(1), 117(2), 303(2), 324(4) and 352 of the BNS.

As per the allegation in the FIR, the petitioner along with the other co-accused persons have assaulted the informant by means of stick ( lathi) due to which he got injured. It is further alleged that co-accused person, namely, Jagira Kumar has also took Rs. 2,000/- from the pocket of the informant.

Learned counsel for the petitioner submits that petitioner is innocent has committed no offence and has falsely

Patna High Court CR. MISC. No.29655 of 2026(2) dt.06-05-2026 2/3

been implicated in this case. He submits that there is no specific allegation against this petitioner rather there is only general and omnibus allegation against the petitioner. He next submits that injuries found on the body of the injured are simple in nature and no incriminating article has been recovered from the possession of the petitioner. He further submits that petitioner has got clean antecedent as stated in para-3 of the bail petition.

Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

From perusal of the First Information Report and the impugned order dated 30.03.2026, it appears that there is no specific allegation of assault against the present petitioner rather there is general and omnibus allegation against this petitioner and also the fact that nature of injury has not been mentioned in the impugned order and petitioner has got no criminal antecedent as stated in para-3 of the bail petition. So, considering all facts and circumstances of the case and submissions made by learned counsel for the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the Trial Court within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.29655 of 2026(2) dt.06-05-2026 3/3

each to the satisfaction learned Chief Judicial Magistrate, Nalanda (Biharsharif) in connection with Rahui P.S. Case No.638 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Ramesh Chand Malviya, J)

Harshita/-

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