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2026 DAILYLAW 3196 (PAT)

Rahul Kumar @ Rahul Singh v. The State of Bihar

CR. MISC./12805/2026 · 2026-04-23

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12805 of 2026 Arising Out of PS. Case No.-27 Year-2025 Thana- TARIYANI CHOWK District- Sheohar ====================================================== 1. Rahul Kumar @ Rahul Singh S/O Dinesh Singh R/o Village- Mahdeva, P.S- Tariyani, District-Sheohar 2. Pavan Singh @ Pavan Kumar S/o Naresh Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 3. Anshu Kumar @ Aashu Kumar S/o Kameshwar Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 4. Krishankant Kumar @ Kishankant Kumar S/o Shatrudhan Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 5. Chotu Kumar @ Kishan Pratap @ Krishna Pratap Singh S/o Ganga Pratap Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 6. Nitish Kumar S/o Late Ram Sevak Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 7. Aditya Kumar S/o Pappu Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 8. Akash Kumar Singh @ Akash S/o Srinarayan Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 9. Bharat @ Bharat Singh @ Bharat Prasad Singh S/o Bijali Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 10. Prince @ Prince Singh S/o Pappu Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 11. Vikas @ Vikas Kumar S/o Srinarayan Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 12. Kishan Kumar @ Krishna @ Krishan Kumar S/o Shatrudhan Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 13. Ajay Singh @ Ajay Kumar Singh S/o Ram Pukar Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 14. Malkhan Singh @ Kesharinandan S/o Ganga Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 15. Shivam Kumar @ Kesharinandan S/o Ganga Singh @ Ajay Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar 16. Vishal Kumar S/O Shankar Singh R/o Village- Mahdeva, P.S- Tariyani, District- Sheohar ... ... Petitioner/s Versus The State of Bihar Patna High Court CR. MISC. No.12805 of 2026(2) dt.23-04-2026 2/4 ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Mritunjay Kumar Singh, Advocate For the State : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 23-04-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 329(4), 126(2), 115(2), 74, 305, 109, 352 and 351(2) of the B.N.S. and Section 27 of the Arms Act. 3. As per prosecution case, it is alleged that on 06.02.2024, all the F.I.R. named accused persons, including these petitioners, came, abused and assaulted informant and his family members. 4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on the eve of Saraswati Puja, a free fight took place between the parties in which both sides sustained injuries. There is case and counter- case. Allegation of assault is general and omnibus and no specific accusation of any overt act has been alleged against Patna High Court CR. MISC. No.12805 of 2026(2) dt.23-04-2026 3/4 these petitioners. Doctor has found the injuries, allegedly caused by these petitioners, simple in nature. It is lastly submitted that co-accused Shivam, having similar and identical allegations, has already been granted the privilege of anticipatory bail by this Hon’ble Court vide order dated 04.02.2026 passed in Cr. Misc. No. 6170 of 2026. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case, nature of injuries allegedly caused by these petitioners, claim based on parity and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case No. Patna High Court CR. MISC. No.12805 of 2026(2) dt.23-04-2026 4/4 27 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T