Rajnish Singh @ Ravi Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37509 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- BARHARA District- Bhojpur ====================================================== Rajnish Singh @ Ravi Kumar Singh, male, aged about 35 years, son of Sri Narayan Singh, Resident of village- Bindgaon, P.S.- Barhara, DistrictBhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan Kumar, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP For the Informant :
Mr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner; learned Additional Public Prosecutor for the State and learned counsel for the informant, who has appeared suo motu.
2. The petitioner seeks bail in connection with Barhara PS Case No.48 of 2025 dated 16.03.2025, instituted for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 103(1) Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.
3. The prosecution case, in brief, is that the informant was returning from Bindagaon village on a cycle and reached near Community Hall and then, the accused persons named in the FIR and 15-20 unknown persons came from behind on motorcycles and accused Jitendra Singh fired on his brother,
Patna High Court CR. MISC. No.37509 of 2025(2) dt.18-06-2025 2/3 Dharmendra, from his pistol which hit in his head and he fell down. The villagers assembled there and snatched double barrel gun from the hand of co-accused Sumit Singh.
4. Learned counsel for the petitioner submits that there is specific allegation against Jitendra Singh that he fired bullet on the brother of the informant which hit in his head and he died at the spot. Further submission is that FIR has been lodged against nine accused persons and 15-20 unknown accused persons. It is further submitted that the petitioner is not named in the FIR and during investigation restatement of the informant was recorded in which he disclosed the name of five other accused persons including the petitioner. There is no specific allegation against the petitioner, rather, specific allegation is against Jitendra Singh that he shot dead the brother of the informant. It is also submitted that similarly situated coaccused whose name was disclosed in the restatement of the informant has been granted bail by a co-ordinate Bench of this Court vide order dated 22.05.2025 passed in Cr. Misc. No.32634 of 2025. Lastly, it is submitted that the petitioner is in custody since 21.03.2025 having clean antecedents.
5. Learned APP as well as learned counsel for the informant has opposed the prayer for bail. Learned counsel for
Patna High Court CR. MISC. No.37509 of 2025(2) dt.18-06-2025 3/3 the informant submits that there is case and counter case and all the accused persons including the petitioner had gathered at the time of occurrence with common intention. However, he admits that there is specific allegation against Jitendra Singh.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Ara, in Barhara PS Case No.48 of 2025.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T