Babul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39734 of 2025 Arising Out of PS. Case No.-213 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Babul Kumar S/o Late Bechan Yadav Resident of Pirnagara, P.S.- Beldaur, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-09-2025 Heard Mr. Santosh Kumar Singh, learned counsel for the petitioner and Mr. Rabindra Kumar, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Beldour P.S. Case No. 213/ 2024 dated 16.07.2024 registered for the offence(s) punishable under Section(s) 341, 307, 384, 385 read with section 34 of the IPC and under section 27 of the Arms Act.

3. As per the prosecution's story, this petitioner along with co-accused, Prince Kumar and Nirmal Kumar and three unknown miscreants stopped the informant on the point of firearms and thereafter, co-accused, Prince Kumar and Nirmal Kumar fired upon him due to which he fell down with his motorcycle. It is further alleged that the co-accused, Nirmal

Patna High Court CR. MISC. No.39734 of 2025(4) dt.03-09-2025 2/3 Kumar and Prince Kumar demanded extortion of Rs. five lakhs from the informant and threatened him with dire consequences if he would report the matter to the police.

4. The main submissions advanced by the petitioner's counsel are that though, against this petitioner there are criminal antecedent of two cases but the FIR of the present matter as well as FIR of the antecedent cases were lodged in the same sequence which shows the high handedness of the police. It is further submitted that though, the petitioner is named in the FIR but his role in the alleged firing has not been revealed by the informant and he is simply alleged to be present with the coaccused persons at the time and place of the occurrence and at the place of occurrence no bullet shell or empty cartridge was recovered and the informant did not sustain any injury.

5. Learned APP appearing for the State has vehemently opposed the bail prayer of the petitioner and submitted that this petitioner and other co-accused persons firstly stopped the informant by pointing firearms and thereafter two of them, namely, Prince Kumar and Nirmal Kumar fired upon him and that incident was committed for extortion demand of Rs. five lakhs and after the occurrence all the accused persons, including the petitioner, threatened the informant of

Patna High Court CR. MISC. No.39734 of 2025(4) dt.03-09-2025 3/3 dire consequences if he would approach the police.

6. Considering the seriousness of the allegation appearing against the petitioner, as pointed out by the learned APP, and also taking note of the two criminal antecedents of the petitioner coupled with the fact that investigation is still pending, this court is not inclined to release the petitioner on anticipatory bail. Accordingly, his prayer stands rejected. (Shailendra Singh, J) BKS/- U T