Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76753 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== Rakesh Kumar S/o Rajendra Singh @ Rajendra Prasad Singh R/o VillageLodipur, Mansurpur, P.S- Khusrupur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-01-2026 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Khusrupur P.S. Case No. 43 of 2025, registered for the offences punishable under Sections 191(2), 191(3), 190, 103(1), 115(2) of the BNS and Section 27 of the Arms Act.

3. The allegation made in the first information report is against 23 accused persons that they came, variously armed to the house of the informant and resorted to assault. There is specific allegation against four persons, who also resorted to firing and one Gautam Kumar fired upon the son of the informant, which hit him on the back and while he was being taken for treatment, he died on the way.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner,

Patna High Court CR. MISC. No.76753 of 2025(3) dt.09-01-2026 2/2 rather, the allegation attributed to the petitioner is general and omnibus in nature. It is evident from the FIR itself that the coaccused, namely Gautam Kumar has fired. The only allegation against the petitioner is that he was a member of the unlawful assembly. He has further submitted that the petitioner has been in custody since 14.07.2025. He has also submitted that on exactly similar footing, co-accused persons have been granted either anticipatory bail or regular bail.

5. On the other hand, the learned APP for the Sate has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Patna City in connection with Khusrupur P.S. Case No. 43 of 2025, subject to the following conditions that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

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