Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62583 of 2025 Arising Out of PS. Case No.-644 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Rahul Kumar Son of Sri Bulan Singh @ Bullan Kumar Singh R/O Vill- Ward No. 29, Saryug Sadan, Pokhariya, P.S.- Town, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Begusarai Town P.S. Case No. 644 of 2023 registered for the alleged offences under Sections 342, 326, 307, 385/34 of the Indian Penal Code and Section 27 of the Arms Act.

03. As per prosecution case, the petitioner and other co-accused demanded extortion amount of Rs. 5,00,000/- from the informant and when the money was not given, the petitioner drew out a pistol and when the informant tried to stop him, he was shot at by the petitioner and the informant became unconscious.

04. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.62583 of 2025(3) dt.04-11-2025 2/3 petitioner is innocent and has been falsely implicated in this case. The parties are agnates and there is dispute between them. Though the occurrence took place near the market but there is no eye witness to the occurrence. No injury has been caused to the informant as he was not taken to any Government hospital which was situated nearby rather admitted to a private doctor, namely Dr. Ashok Kumar Sharma. The dimension of injuries, which is 1⁄4" x 1⁄4", shows injury report is concocted and fictitious. Learned counsel further submits that the occurrence took place 05.10.2023 but the police was informed on 07.10.2023 and the FIR sent to the learned Magistrate on 09.10.2023. This delay remained unexplained. The petitioner is in custody since 24.05.2025 and charge-sheet has been submitted. The petitioner is having antecedent of six cases and in two such cases, he has been acquitted and in rest of the cases, he is on bail.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be

Patna High Court CR. MISC. No.62583 of 2025(3) dt.04-11-2025 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/court concerned in connection with Begusarai Town P.S. Case No. 644 of 2023, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T