Rakesh Kumar @ Dara Yadav @ Dara @ Rakesh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Rakesh Kumar @ Dara Yadav @ Dara @ Rakesh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-IV, Aurangabad, in connection with Sessions Trial No. 588/2025/71/2025 arising out of Rafiganj P.S. Case No. 309 of 2025, subject to conditions (i) one bailor a close relative, (ii) presence on dates fixed by the trial court if required, and (iii) bail bond liable to cancellation on violation of terms.

Issue for consideration

Whether petitioner Rakesh Kumar @ Dara Yadav, charged under Sections 126(2), 115(2), 352, 109(1), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita in Rafiganj P.S. Case No. 309 of 2025, should be released on regular bail.

Court's answer

Considering the facts and circumstances, submissions of counsel, period of custody, framing of charge, and that similarly situated co-accused persons have been granted bail, the petitioner is ordered to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each.

Ratio / Principle

Bail is granted subject to conditions: one bailor shall be a close relative of the petitioner; the petitioner shall remain present on each date fixed by the trial court if so required; and on violation of the terms of bail, the bail bond will be liable to be cancelled by the court concerned.

Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J) allowed a regular bail application by Rakesh Kumar @ Dara Yadav @ Dara @ Rakesh, accused under Sections 126(2), 115(2), 352, 109(1), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita arising out of Rafiganj P.S. Case No. 309 of 2025, District Aurangabad, where the informant's brother was allegedly assaulted and received 18 stitches. Deciding factors recorded: charge already framed by the court concerned; petitioner in custody since 30.06.2025; similarly situated co-accused Mukesh Kumar and Raushan Kumar already granted regular bail by Co-ordinate Benches (orders dated 08.10.2025 and 01.12.2025 in Cr. Misc. Nos. 69777 of 2025 and 80243 of 2025); petitioner's four criminal antecedents (three under the Excise Act, acquitted in three cases, on bail in one). Bail granted on a bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of District and Additional Sessions Judge-IV, Aurangabad, in Sessions Trial No. 588/2025/71/2025, subject to conditions: one bailor a close relative, presence on every date fixed if required, and liability of the bail bond to cancellation on violation of terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9505 of 2026

Arising Out of PS. Case No.-309 Year-2025 Thana- RAFIGANJ District- Aurangabad

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

Rakesh Kumar @ Dara Yadav @ Dara @ Rakesh S/o Ramesh Yadav R/o Village - Masaundha, P.S - Rafiganj, District - Aurangabad

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Abhay Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 17-02-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks regular bail in a case registered for the offence punishable under Sections 126(2), 115(2), 352, 109(1), 191(2), 191(3) and 190 of the Bharatiya Nyaya Sanhita.

It is alleged that this petitioner along with other coaccused persons assaulted the brother of the informant causing a number of injuries to him and informant’s brother received 18 stitches.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to village rivalry. Further submission is that no specific overt act is alleged against the petitioner. Allegations are general and omnibus in nature. Similarly situated co-accused

Patna High Court CR. MISC. No.9505 of 2026(2) dt.17-02-2026 2/3

persons, namely, Mukesh Kumar and Raushan Kumar have already been granted regular bail by different Co-ordinate Benches of this Court vide orders dated 08.10.2025 and 01.12.2025 passed in Cr. Misc. Nos. 69777 of 2025 and 80243 of 2025 respectively. Charge has already been framed by the Court concerned. Petitioner is in custody since 30.06.2025. Petitioner has four criminal antecedents, out of which, three belong to Excise Act. Petitioner has been acquitted in three cases and in one case, he is on bail. Petitioner undertakes to cooperate in the trial. There is no chance of tampering with the evidence or absconding of the petitioner.

Learned A.P.P. for the State opposes the bail application of the petitioner.

Considering the aforesaid facts and circumstances of the case, submissions of learned counsel for the parties, period of custody and further considering that charge against the petitioner has already been framed and similarly situated coaccused persons have been granted bail, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-IV, Aurangabad, in connection with Sessions Trial No.

Patna High Court CR. MISC. No.9505 of 2026(2) dt.17-02-2026 3/3

588/2025/71/2025, arising out of Rafiganj P.S. Case No. 309 of 2025 and other following conditions:

(i) One of the bailors will be a close relative of the

petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Sunil Dutta Mishra, J)

utkarsh/-

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