Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12988 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- Jhandapur District- Bhagalpur ====================================================== 1.
Rahul Kumar S/O Pradip Ravidas R/O Village- Maheshpur, P.S- Jhandapur, Distt.- Bhagalpur.
2.
Sajan Kumar @ Sajan Ravidas S/O Pradip Ravidas R/O Village- Maheshpur, P.S- Jhandapur, Distt.- Bhagalpur.
3.
Raj Kumar @ Chhotu Kumar S/O Indar Prasad Yadav @ Inder Yadav @ Indal Yadav R/O Village- Maheshpur, P.S- Jhandapur, Distt.- Bhagalpur. 4.
Lalu Ravidas @ Lalu Kumar S/O Dhakho Ravidas @ Jhakho Ravidas R/O Village- Maheshpur, P.S- Jhandapur, Distt.- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Jhandapur P.S. Case No. 100 of 2024 dated 08.11.2024, instituted for the offence punishable under Sections 126(2), 115(2), 352, 191(2), 190, 109 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on 07.11.2024, Dhartifar Kumar and Deepak Ravidas were engaged in a dispute over parking for vehicles. It has been further alleged
Patna High Court CR. MISC. No.12988 of 2025(2) dt.02-04-2025 2/3 that on 08.11.2024 at 11:00 am. Sonu Ravidas and Gautam Ravidas came to Chandni Chowk to take medicine then Sintu Kumar, Niraj Sah began to assault Pradip Ravidas and Gautam Ravidas. It is further alleged that petitioners along with other accused persons armed with lathi, danda came there and began to assault Niraj Sah and Dhartifar Kumar. In the meantime, informant along with his sons namely, Nitish Kumar and Surya Pratap Sah were going to their house then Ravidas began to assault his sons who got injured and gunshoot injury was caused on his leg.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioners rather the allegation against the petitioners are general and omnibus in nature. There is a case and counter case between the parties bearing Jhandapur P.S. Case No. 101 of 2024 dated 08.11.2024 lodged by father of petitioner no. 1 & 2 namely, Pradip Ravidas against the son of informant and others. It is further submitted that the doctor has opined that the injuries sustained by informant is simple in nature caused by fire arm. Lastly, it has been submitted that the petitioners have no criminal antecedents.
Patna High Court CR. MISC. No.12988 of 2025(2) dt.02-04-2025 3/3
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Jhandapur P.S. Case No. 100 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IIIrd, Naugachia, Bhagalpur subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T