Ravi Kumar @ Ravi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62349 of 2022 Arising Out of PS. Case No.-165 Year-2020 Thana- KHUSRUPUR District- Patna ====================================================== RAVI KUMAR @ RAVI SINGH S/O LATE KAPILDEO SINGH, Resident of Village- Nuriddinpur, P.S.- Khusrupur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar For the Opposite Party/s :

Mr. Tarun Prasad Mandal Mr. Ramakant Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-03-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State assisted by the learned counsel for the informant.

The petitioner is seeking regular bail in connection with Khusrupur P.S. Case No. 165 of 2020 registered for offence punishable under sections 147, 148, 149, 302, 120(B) of the Indian Penal Code and 27 of the Arms Act.

As per allegation, nine named accused persons including the petitioner, came to the place of occurrence on three motor cycles along with three unknown persons. The petitioner and co-accused Rintu Kumar open repeated firings on the father of the informant. Later on, all the accused persons also opened fire on the deceased on the instigation made by

Patna High Court CR. MISC. No.62349 of 2022(4) dt.13-03-2023 2/3 Suresh Singh, Bablu Singh and Chulbul Singh.

The learned counsel for the petitioner has submitted that the petitioner is innocent. He is student of L.L.B.. The father of the petitioner was murdered and in that case the members of the prosecution side are accused. He has also submitted that on similar allegation, other co-accused persons have been granted regular bail by this Court. On the other hand, the learned APP as well as the learned counsel for the informant have submitted that the case of the case of the petitioner is not on similar footing as that of co-accused, who has been granted bail by the coordinate Bench of this Court, as there is specific allegation that Ravi Kumar (petitioner) and Rintu Kumar opened fire on the deceased, whereas the allegation on other accused persons is general and omnibus.

The learned APP has submitted further that in paragraph 14 of the case diary, the witness has stated the name of the petitioner and co-accused Rintu Kumar as assailants. He has also submitted that three witnesses have been examined during the trial and all have supported the prosecution case and they have stated that Rintu Kumar and Ravi Kumar opened fire on the deceased.

Considering the above-mentioned facts and

Patna High Court CR. MISC. No.62349 of 2022(4) dt.13-03-2023 3/3 circumstances, in my view, it is not a fit case for bail and accordingly it is rejected.

(Nawneet Kumar Pandey, J) Mahesh/- U T