Ripu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23688 of 2025 Arising Out of PS. Case No.-519 Year-2024 Thana- DHANARUA District- Patna ====================================================== RIPU KUMAR S/o Shyam Nandan Prasad R/o Nasrmachak, P.s.- Dhanarua, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2025 Heard learned counsel appearing on behalf of the petitioner, learned A.P.P. appearing on behalf of the State .
2. The petitioner apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 118(2), 109(1), 103(1), 325 and 3(5) of the Bharatiya Nyaya Sanhita and under Section 27 of the Arms Act.
3. The case of the prosecution, in brief, is that on the alleged date and time of occurrence, while the informant was returning with his father Nawal Prasad and uncle Munna Prasad and reached near Sewati School, two persons each on two bikes stopped the informant along with his father and uncle. Coaccused Babbi Kumar and Bipul were on one bike and on the other bike co-accused Rakesh Kumar and one unknown miscreant who was covering his face with black gamchcha was
Patna High Court CR. MISC. No.23688 of 2025(2) dt.25-07-2025 2/3 there. It is further alleged that co-accused Rakesh Kumar fired at the temple region of the father of the informant and thereafter, Co-accused Babbi Kumar and co-accused Bipul assaulted with knife on the stomach and thigh. It is also alleged that co-accused Rakesh Kumar again fired which hit the thigh and thereafter, coaccused Bipul fired at the father and uncle of the informant which hit the buffalo, due to which the buffalo died.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence . Petitioner is not named in the F.I.R. and his name surfaced during course of investigation . Informant is not an eye witness to the alleged occurrence . Only suspicion has been raised against this petitioner. Specific accusation of assault is against other co-accused persons. Except suspicion , there is nothing on record to substantiate the allegation against this petitioner. Petitioner claims clean antecedents. Similarly situated co-accused person has already granted bail by Coordinate Bench of this Court vide order dated 26.03.2025 in Cr. Misc. No. 16916 of 2025 .
5 . Learned A.P.P. for the State opposed the bail petition .
6. Considering the nature of accusation and clean
Patna High Court CR. MISC. No.23688 of 2025(2) dt.25-07-2025 3/3 antecedent of the petitioner, the prayer for grant of anticipatory bail of this petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner, be enlarged 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 S.D.J.M., Masaurhi in connection with Dhanarua P.S. Case No. 519 of 2024 , subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) Koushik/- U T