Rikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63746 of 2025 Arising Out of PS. Case No.-211 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== Rikky Kumar, male, aged about 23 years, S/O Sri Suresh Goswami @ Suresh Gosai R/O Village- Bakhari, P.S.- Vajpatti, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for the offence punishable under Sections 109(1), 61(2) of the BNS and Section 27 of the Arms Act.

3. As per the allegation in the FIR, petitioner along with other co-accused person has fired upon the informant with intent to kill him after which the informant got injury on his right shoulder and chest.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that petitioner was not named in the FIR nor he was arrested from the place of occurrence, his name has been transpired in the present case on the basis of confessional statement of one co-accused person, namely, Jayant Kumar. He further submits that petitioner was not in contact with the other

Patna High Court CR. MISC. No.63746 of 2025(3) dt.26-11-2025 2/2 co-accused persons. He next submits that no TIP has been held in order to ascertain the involvement of the petitioner in the alleged crime. He next submits that petitioner is in custody since 23.05.2025 and has got six criminal antecedents as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for Regular bail of the petitioner.

6. Considering the facts and circumstances of the case as well as the submissions made by learned counsel for the petitioner, let the above named petitioner be released on bail, on his 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, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 211 of 2025 subject to the condition that the petitioner shall remain physically present on each and every date fixed by the learned Trial Court till conclusion of the trial and if the petitioner will not appear on any date, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Ramesh Chand Malviya, J) Harshita/- U T