Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32463 of 2025 Arising Out of PS. Case No.-307 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.
Raushan Kumar S/O Nand Kishor Mahto @ Karu R/O Vill.- Naya Tola Sangat Per, P.S- Bakhtiyarpur, District- Patna 2.
Sanni Kumar S/O Sudhir Mahto R/O Vill.- Naya Tola Sangat Per, P.SBakhtiyarpur, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Adv.
For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Bakhtiyarpur P.S. Case No.307 of 2024 under Sections 191(2), 191(3), 190, 126(2), 109, 352, 351(2) & (3) read with Section 27 of the Arms Act, later on section 103(1) of the BNS, 2023 has been added, which is pending before the court of A.C.J.M.- III, Barh, Patna.
3. As per the prosecution, the FIR has been lodged against 6 named accused persons including the petitioners with allegation that all accused persons have surrounded the informant' family and fired on the elder brother of the informant. Subsequently, the injured person admitted to hospital but in course of treatment, death has been caused.
Patna High Court CR. MISC. No.32463 of 2025(3) dt.13-08-2025 2/2
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the petitioners have been falsely implicated in this case. He further submits that except the presence of the petitioners at the occurrence, there is no role of any act or overt act against them.
5. Counsel also submits that antecedent of the petitioners is clean.
6. Learned APP for the State opposes the prayer for bail and the petitioners are present at the place of occurrence and they were member of mob.
7. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioners, therefore the bail application of the petitioners is hereby rejected.
8. However, trial court is directed to consider the regular bail application of the petitioners, if they surrender and pray for regular bail, then trial court shall pass order on merit, without being prejudice of the present order preferably on the same day.
(Dr. Anshuman, J.) Prakashmani/- U T