Patna High CourtCR. MISC./25438/2025bail granted

Rakesh Kumar @ Rakesh v. The State Of Bihar

2025-06-19Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25438 of 2025 Arising Out of PS. Case No.-511 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Rakesh Kumar @ Rakesh S/O Ram Pravesh Prasad R/O Malia Mahadev Mandir Maharajganj, Gulzarbagh, Dist.- Patna- 800007 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shruti Sinha, Advocate For the State :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2025 Heard Ms. Shruti Sinha, learned counsel for the petitioner as well as Mr. Gauri Shankar Gupta, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Alamganj P.S. Case No. 511 of 2024, F.I.R. dated 23.06.2024 for the offences punishable under Sections 302/ 120B/ 34 of the IPC and 27 of the Arms Act.

3. According to prosecution case, two persons came on motorcycle and fired upon the husband of the informant. He was taken to the NMCH where he was declared dead.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. She further submits that the allegation as alleged in

2/4 the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. She further submits that the informant who happen to be the wife of the deceased has lodged the present FIR. On perusal of the FIR, it appears that on the basis of suspicion, name of the petitioner has been implicated in this case. Similarly situated co-accused persons namely, Shishir Kumar has been granted anticipatory bail vide order dated 01.10.2024 in Cr. Misc. No. 60773 of 2024, D.M. Pappu has been granted anticipatory bail vide order dated 05.03.2025 in Cr. Misc. No. 4344 of 2025, Vikash Kumar, Manish Kumar and Ritesh Kumar have been granted anticipatory bail vide order dated 28.02.2025 in Cr. Misc. No. 9067 of 2025, Cr. Misc. No. 5502 of 2025 and Cr. Misc. No. 6317 of 2025 respectively.

All the above named co-accused have been granted bail by a co-ordinate Bench of this Court and the case of the petitioner is based on similar footing. Except suspicion, no other material has come during investigation which suggest the involvement of the petitioner in the present occurrence.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one criminal antecedent other

3/4 than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the aforesaid facts and circumstances that except suspicion, no other material has come during investigation which suggest the involvement of the petitioner in the present occurrence and similarly situated coaccused persons have been granted anticipatory bail by a coordinate Bench of this Court, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned A.C.J.M.-IV, Patna City in connection with Alamganj P.S. Case No.

511 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023 and with other following conditions:- i.

4/4 reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) priyanka/- U T