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2026 DAILYLAW 34272 (PAT)

Rakesh Kumar @ Dara Yadav @ Dara @ Rakesh v. The State of Bihar

CR. MISC./9505/2026 · 2026-02-17

Sunil Dutta Mishra

body2026

Judgment text

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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. 2. 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. 3. It is alleged that this petitioner along with other co- accused persons assaulted the brother of the informant causing a number of injuries to him and informant’s brother received 18 stitches. 4. 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 co- operate in the trial. There is no chance of tampering with the evidence or absconding of the petitioner. 5. Learned A.P.P. for the State opposes the bail application of the petitioner. 6. 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 co- accused 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. utkarsh/- (Sunil Dutta Mishra, J) U T