Rahul Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Rahul Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail rejected, but liberty granted to the petitioner to surrender before the Trial Court within four weeks, the Trial Court to pass order on his surrender-cum-bail application the same day, without prejudice to this Court's rejection and on the merit of the case.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner (Rahul Kumar), who is apprehending arrest in connection with Ara (Town) P.S. Case No. 536 of 2022 lodged on 16.06.2022, for offences punishable under Sections 147, 148, 149, 302, 307, 120(b) of the Indian Penal Code read with section 27 of the Arms Act.

Court's answer

In the present facts and circumstances the Court was not inclined to grant bail to the petitioner, and the prayer for anticipatory bail stands rejected.

Ratio / Principle

Along with the rejection, liberty was granted to the petitioner: if he surrenders before the Trial Court within four weeks, the Trial Court is directed to pass order on his surrender-cum-bail application.

Key takeaways

The Trial Court is to decide the surrender-cum-bail application the same day, without prejudice arising from this Court's rejection of anticipatory bail, and on the merit of the case.ratio¶23

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.80240 of 2024 (oral order dated 06-12-2024, Dr. Anshuman, J): Anticipatory bail REJECTED. Petitioner Rahul Kumar apprehended arrest in Ara (Town) P.S. Case No. 536 of 2022 (lodged 16.06.2022) under Sections 147, 148, 149, 302, 307, 120(b) of the Indian Penal Code read with section 27 of the Arms Act — a case in which, per the prosecution, five named accused (other than the petitioner) allegedly assaulted the informant's uncle, who was declared dead at hospital. Counsel for the petitioner urged that the petitioner is innocent, is not named in the FIR body (though named in a paper attached thereto), that Khatai Yadav fired the fatal shot on the victim's chest, that the petitioner was only a member of the mob with clean antecedents and a student; the learned APP opposed, describing a murder by gunshot in which the petitioner was the shooter's friend, noting that most co-accused had obtained regular bail. Finding itself 'not inclined to grant bail' in the present facts and circumstances, the Court rejected the prayer but granted liberty to surrender before the Trial Court within four weeks, directing the Trial Court to decide the surrender-cum-bail application the same day, without prejudice to this Court's rejection and on its merit.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80240 of 2024

Arising Out of PS. Case No.-536 Year-2022 Thana- ARA NAGAR District- Bhojpur

======================================================

Rahul Kumar Son of Arun Kumar @ Arun Prasad Resident of Village - Charkhamba Gali, P.S. - Ara Town, District - Bhojpur (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Abhishek, Adv. For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL ORDER

2 06-12-2024

Heard Learned Counsel for the petitioner and Learned

APP for the State.

The petitioner is apprehending arrest in connection with Ara (Town) P.S. Case No. 536 of 2022 lodged on 16.06.2022, for the offences punishable under Sections 147, 148, 149, 302, 307, 120(b) of the Indian Penal Code read with section 27 of the Arms Act.

As per the prosecution, FIR has been lodged against five named accused persons other than the petitioner against whom there is allegation that they have assaulted informant’s uncle due to which he was badly injured and subsequently, taken to the hospital where he was declared dead.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.80240 of 2024(2) dt.06-12-2024 2/3

petitioner is innocent and has committed no offence. Counsel submits that petitioner is not named in the FIR, but the paper attached with the FIR in which name of petitioner is there by which it transpires that one Khatai Yadav has fired on the chest of the victim due to which he died and petitioner is only member of the mob. Counsel submits that from bare reading of both the statements i.e. FIR and statement of Khatai Yadav & Ashish Kumar, it transpires there is no role of the petitioner in commission of the crime. Counsel further submits that the criminal antecedent of the petitioner is clean and he is a student and this aspect may be taken into consideration.

Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is a case of murder in which one person has murdered the victim by gun shot and petitioner is only friend of him. Counsel further submits that most of the persons have been granted regular bail in this case.

In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected with liberty granted to the petitioner that if he surrenders before the Trial Court within four weeks from today, then the Trial Court is directed to pass order on his surrender-cum-bail

Patna High Court CR. MISC. No.80240 of 2024(2) dt.06-12-2024 3/3

application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J)

Divyansh/-

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