Rakesh Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr.Prem Ranjan Kumar, Advocate For the Opposite Party/s : Mr.Zainul Abedin, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

¶11

2 17-09-2025

¶12

Heard learned counsel for the petitioner and learned

¶13

A.P.P. for the State.

¶14

In the present case, the petitioner seeks bail in connection with Bikram P.S. Case No. 510 of 2024, registered for the alleged offences under Sections 118(2), 109, 3(5) of BNS, 2023 and Sections 25 (1-B)a, 26, 35, 27 of the Arms Act.

¶15

As per prosecution case, the petitioner and coaccused came to the sweet shop of the informant and three youths started quarrel with them over snatching of mobile phone. When the informant asked them to leave the shop, the petitioner and co-accused tried to forcibly enter into the shop of the informant and when resisted, they opened fire and the shot hit the brother of the informant in his thigh. Both the assailants were apprehended by the people and police. From the

¶16

Patna High Court CR. MISC. No.64826 of 2025(2) dt.17-09-2025 2/3

¶17

possession of co-accused, a country made katta and four live cartridges were recovered. The empty cartridge was also recovered from the shop.

¶18

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person/possession of this petitioner. The allegation of firing is against co-accused Gautam Kumar, who was apprehended with firearms and ammunitions. The petitioner has no concern with co-accused Gautam Kumar. The petitioner is in custody since 04.12.2024 and charge sheet has been submitted. The petitioner is having clean antecedent.

¶19

Learned A.P.P. opposes the submission made on behalf of the petitioner.

¶20

Having regard to the facts and circumstances and submissions made hereinabove and considering the period of custody of the petitioner and submission of charge sheet, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Danapur, Patna /court concerned, in connection with Bikram P.S. Case No. 510 of 2024, subject to

¶21

Patna High Court CR. MISC. No.64826 of 2025(2) dt.17-09-2025 3/3

¶22

the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :

¶23

(i) One of the bailors will be a close relative of the petitioner.

¶24

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

¶25

(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.

¶26

(Arun Kumar Jha, J)

¶27

V.K.Pandey/-

¶28

U T

Rakesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Anshu Ranjan,Proprietor of Android Store Vs The State of Bihar through the Addl. Chief Secretary, Home Dept.P.S.Sachivalaya, District-Patna

Tazoddin Ali @ Tazodin Vs The State of Bihar

Sanjay Kumar Vs The State of Bihar

Shatrughan Rai @ Shatrudhan Ray @ Budha Ray Vs The State of Bihar

Jintesh Kumar @ Karu Singh @ Jitesh Kumar @ Jitesh Vs The State of Bihar

Gautam Kumar Vs The State of Bihar