Patna High CourtCR. MISC./18526/2025bail granted

Bipul Kumar v. The State Of Bihar

2025-04-21Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18526 of 2025 Arising Out of PS. Case No.-58 Year-2023 Thana- GANDHIMAIDAN District- Patna ====================================================== Bipul Kumar S/O Sri Pawan Kumar Resident of village- Babhngama Pahsara, P.S- Nawkothi, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Adv.

Mrs. Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

Mr. G.K. Nishant For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Gandhi Maidan P.S. Case No. 58 of 2023 dated 27.01.2023 registered for the offences punishable u/ss 188, 302, 353, 427, 504, 506, 120B of the IPC, section 3 / 4 of the Prevention of Damage to Public Property Act and sections 25(1-B)a, 26, 27 and 35 of the Arms Act.

3. As per the prosecution case, during the immersion of the Saraswati Idol, around 500 persons were moving and some of them were resorting to intermittent firing. Further,

Patna High Court CR. MISC. No.18526 of 2025(2) dt.21-04-2025 2/3 although the Police/Magistrate were there to control the law and order, near S.K. Memorial Hall, Patna, the bullet fired by the mob hit one of the persons, who subsequently succumbed to the injury at PMCH, Patna.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is a member of the Sarswati Puja committee. There is no specific allegation of firing against the petitioner rather the allegation of firing is against the co-accused Naman Kumar @Bholu, Swaransh @ Kumar Abhinav, John @ Satyam Kumar and Shahil Raj @ Tishu. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 24.08.2023 passed in Cr. Misc. No. 32903 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.18526 of 2025(2) dt.21-04-2025 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Gandhi Maidan P.S. Case No. 58 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T