Rauki Kumar @ Rakesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Rauki Kumar @ Rakesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on arrest/surrender within four weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned SDJM, Jehanabad/concerned Court, subject to conditions under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, named in the F.I.R. and apprehending arrest in connection with Kako P.S. Case No. 185 of 2025 registered for offences under Sections 126(2), 115(2), 118(1), 109, 303, 352, 351(2), 3(5) BNS and Section 27 Arms Act.

Court's answer

Petitioner is directed to be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of four weeks, furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount, to the satisfaction of the learned SDJM, Jehanabad/concerned Court, subject to conditions under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

Ratio / Principle

Bail was granted because the allegation of firing is not available against the petitioner and the allegation qua physical assault appears general and omnibus, coupled with the fact that the person alleged to have fired upon the informant had already been granted anticipatory bail.

Detailed headnote1 paragraphs

Anticipatory bail granted (Chandra Shekhar Jha, J., Patna High Court, 15-06-2026) to Rauki Kumar @ Rakesh Kumar, named in the F.I.R. in Kako P.S. Case No. 185 of 2025 (District Jehanabad) under Sections 126(2), 115(2), 118(1), 109, 303, 352, 351(2) and 3(5) of the BNS and Section 27 of the Arms Act, apprehending arrest. Allegation against petitioner is assault on the informant and snatching of his golden chain; the firing allegation is against co-accused Lalu Kumar and Chandan Kumar, not the petitioner. Taking note that the allegation qua physical assault is general and omnibus, and that co-accused Chandan Kumar, against whom firing is alleged, had already been granted anticipatory bail by a Co-ordinate Bench in Cr. Misc. No. 74648 of 2025 dated 20.02.2026, the Court directed release on bail in the event of arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two like sureties to the satisfaction of the learned SDJM, Jehanabad, subject to conditions under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36540 of 2026

Arising Out of PS. Case No.-185 Year-2025 Thana- KAKO District- Jehanabad

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

Rauki Kumar @ Rakesh Kumar S/o Santosh Yadav Resident Of Village - Mahadeopur, P.s. - Pali, Dist. - Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Nityanand Neeraj For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 15-06-2026

Heard the parties.

The petitioner is named in the F.I.R. and

apprehending his arrest in connection with Kako P.S. Case No. 185 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303, 352, 351(2) and 3(5) of the BNS and Section 27 of the Arms Act.

The allegation against petitioner is to assault the informant and also to snatch the golden chain from him. FIR also speaks that some of the co-accused fired upon informant during the course of occurrence.

It is submitted by learned counsel appearing on behalf of the petitioner that the allegation of firing is not available against this petitioner, rather same is available against coaccused Lalu Kumar and Chandan Kumar, where one of the coaccused namely Chandan Kumar, against whom the allegation of firing is available has already granted anticipatory bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No.

Patna High Court CR. MISC. No.36540 of 2026(2) dt.15-06-2026 2/2

74648 of 2025 dated 20.02.2026. It is pointed out that allegation against this petitioner is of general and omnibus in nature, who is a man of clean antecedent.

Learned APP opposes the prayer of bail.

In view of aforesaid factual submission and by

taking note of fact as allegation of firing is not available against this petitioner rather allegation qua physical assault is appearing very much general and omnibus, coupled with the fact as petitioner who alleged to fire upon informant during the occurrence have already granted anticipatory bail as discussed aforesaid, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

amount each to the satisfaction of the learned SDJM, Jehanabad/concerned Court, where the case is pending in connection with Kako P.S. Case No. 185 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.

(Chandra Shekhar Jha, J.)

S.Tripathi/- U T