Sumit Kumar @ Ravan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19232 of 2025 Arising Out of PS. Case No.-460 Year-2022 Thana- KOTWA District- East Champaran ====================================================== Sumit Kumar @ Ravan Son of Ashok Sah Resident of Village- Chatiya Tola Dhup Sah, P.S.- Malahi, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kant Mani Tripathi, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Kotwa P.S. Case No. 460 of 2022 instituted for the offence under Sections 147, 148, 149, 341 & 302 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in brief is that on 17.11.2022 around 5:30 PM, the informant and her husband Ram Kishore Singh were returning home from Dumra Chowk. Six accused persons armed with pistols surrounded them; Subhash Pandey caught hold of the informant while the others opened fire on her husband. Informant's husband was taken to Sadar Hospital, Motihari, where he was declared dead.

Patna High Court CR. MISC. No.19232 of 2025(3) dt.01-07-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-09-2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Ripur Pandey and Nishant Kumar, and the same has no evidentiary value in the eye of law. Learned counsel for the petitioner submits that even as per the confessional statement of co-accused person, there is no specific allegation against the petitioner, rather allegation is general and omnibus in nature. Charge sheet is submitted in this case. Other co-accused has been granted bail by a Co-ordinate Bench of this Court, vide order dated 11-09-2024 passed in Cr. Misc. No. 65355 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. As per the postmortem report, deceased sustained several firearm wounds. Other witnesses have also supported the prosecution case. 7.

Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.19232 of 2025(3) dt.01-07-2025 3/3 of the case, period of custody of the petitioner, there being no specific allegation against the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kotwa P.S. Case No. 460 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T