Rabi Kumar @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87896 of 2025 Arising Out of PS. Case No.-306 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== Rabi Kumar @ Ravi Kumar S/O Nandu Singh Resident of Village- Lodipur, P.S.- Khusrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate Ms. Mili Kumari, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302, 307, 353 & 323/34 of the Indian Penal Code and under Sections 25(1-b)(a), 26 and 35 of the Arms Act.

3. The case of the prosecution, in short, is that the informant with other police officials proceeded for investigating Mohanpur O.P. P.S. Case No. 517 of 2023 under Section 379 IPC against unknown persons. During investigation the deceased got information that Meghu Prasad roaming with his 10-15 companions in the area in order to steal the cattle. On this information the informant along with his police officials reached P.O. and saw that one DCM truck bearing registration no. BR 06

Patna High Court CR. MISC. No.87896 of 2025(2) dt.06-01-2026 2/3 GI-5918 covered with upper part with tirpaal and one pick up vehicle bearing registration no. BR 01 GL- 0793 was found there and three persons were standing there. They were caught by police personnel but other 10-12 persons of their gang came to their rescue. In course of rescue, one of them fired on S.H.O. Nand Kishore Yadav due to which he became injured and during course of treatment he succumbed to the injuries.

4. Learned counsel for the petitioner submits that from perusal of the FIR itself it is clear that there is no specific allegation against any person of making fire. This petitioner has been made accused in this case as he is the owner of the DCM truck bearing registration no. BR 06 GI-5918. Learned counsel for the petitioner has further submitted that the petitioner has given his truck to one Vikash Kumar on the date of the occurrence. From perusal of the FIR itself it is also clear that the informant has stated that he can identify the culprits as he has seen them in light but no TIP has been conducted. Save and except that the petitioner is owner of the DCM truck there is nothing against him. Learned counsel for the petitioner has submitted that the petitioner is in judicial custody since 06.10.2023.

5. Learned Additional Prosecutor for the State has vehemently opposed the bail application of the petitioner and has submitted that the petitioner is having criminal antecedent of two

Patna High Court CR. MISC. No.87896 of 2025(2) dt.06-01-2026 3/3 cases.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ujiyarpur P.S. Case No. 306 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Dalsinghsarai at Samastipur. (Ashok Kumar Pandey, J) durgesh/- U