Patna High Court
Butul @ Ritwik Kumar @ Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed; the order rejecting anticipatory bail is set aside and the appellant is released on bail.
Summary
The appellant, Butul (also known as Ritwik Kumar), was charged under IPC sections 302, 506, 120B, 34, Arms Act section 27 and SC/ST Act section 3(2)(v) for allegedly assaulting and killing the deceased. He had been in custody for over two and a half years and sought anticipatory bail, which was rejected by the Exclusive Special Judge. The appellant contended that he was merely a brother‑in‑law, falsely implicated, and that the only allegation against him was a few phone calls to the actual shooter, which did not constitute material participation. The State and the informant opposed bail, arguing the appellant was the shooter’s brother‑in‑law and had fired the fatal shot. The High Court, after considering the lack of specific incriminating evidence and the prolonged pre‑trial detention, set aside the lower court’s order, allowed the appeal, and granted bail on a bond of Rs.10,000 with two sureties, subject to cooperation with the trial.
Issues considered
- Whether the appellant is entitled to anticipatory bail despite the serious charges of murder and related offences.
- Whether the lower court’s rejection of bail was justified in view of the alleged lack of specific participation by the appellant.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34, 506
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- anticipatory bail
- bail
- murder
- IPC
- SC/ST Act
- Arms Act
- trial delay
- brother-in-law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3355 of 2025
Arising Out of PS. Case No.-406 Year-2023 Thana- MASAUDHI District- Patna
======================================================
Rahul Kumar Son of Khushi Lal Soni @ Khushi Lal @ Khushilal Sah
Resident of village - Saraiya Bazar, P.S.- Barhara (Krishna Garh O.P.),
District - Bhojpur, Ara.
... ... Appellant/s
Versus
1. The State of Bihar
2. Jai Prakash Kumar Son of Arjun Das Resident of village - Lalse Bigha, P.S.
and District - Jehanabad.
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 571 of 2024
Arising Out of PS. Case No.-406 Year-2023 Thana- MASAUDHI District- Patna
======================================================
Butul @ Ritwik Kumar @ Kanhaiya Kumar S/O KHUSHI LAL @ KHUSHI
LAL SONI @ KHUSHILAL SAH VILLAGE- SARAIYA BAZAR, PS.
BARHARA (KRISHNA GARH O.P), DIST. BHOJPUR.
... ... Appellant/s
Versus
1. The State of Bihar
2. JAI PRAKASH KUMAR S/O ARJUN DAS VILLAGE- LALSE BIGHA,
PS. AND DIST. JEHANABAD.
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 3355 of 2025)
For the Appellant/s : Mr.Shivanand Singh, Advocate
For the Respondent/s : Mr.Binay Krishna, Spl. P.P.
For the Informant : Mr.Vikas Kumar, Advocate
(In CRIMINAL APPEAL (SJ) No. 571 of 2024)
For the Appellant/s : Mr.Shivanand Singh, Advocate
For the Informant : Mr.Vikas Kumar, Advocate
For the Respondent/s : Mr.Sadanand Paswan, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 03-04-2026 Cr. Appeal (SJ) No. 571/2024
Heard learned counsel for the appellant, the learned
Patna High Court CR. APP (SJ) No.3355 of 2025(8) dt.03-04-2026
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Spl. P.P. for the State as well as the learned counsel for the
informant.
2. This appeal is preferred against the order dated
20.12.2023 passed by the learned Exclusive Special Judge,
SC/ST Act, Patna in Serial No. 217 of 2023 arising out of
Masaurih P.S. Case No. 406 of 2023 registered for the offence
under Sections 302, 506, 120B, 34 of the Indian Penal Code,
Section 27 of the Arms Act and under Section 3(2)(v) of the
SC/ST Act, by which the prayer of the appellant for anticipatory
bail was rejected.
3. As per the prosecution case, the appellant is
accused of assaulting and killing the deceased.
4. Learned counsel for the appellant submits that the
appellant is the brother-in-law and has falsely been implicated in
this case. He further submits that for a trivial dispute, the
occurrence has taken place. There is no specific allegation
against the appellant. Learned counsel lastly submits that trial
has not yet begun, despite the appellant being in custody for
more than 2 ½ years.
5. Learned counsel for the State as well as learned
counsel for the informant have vehemently opposed the prayer
of the appellant and submitted that appellant namely, Butul @
Patna High Court CR. APP (SJ) No.3355 of 2025(8) dt.03-04-2026
3/5
Ritwik Kumar is the brother-in-law (sala) has fired upon the
deceased and killed him.
6. Learned counsel for the informant, upon being
asked about the delay in trial, has submitted that he has not been
issued notice in the trial.
7. Considering the allegations levelled against the
appellant, I am not inclined to grant bail to the appellant.
8. This application stands dismissed.
9. So far as the trial is concerned, the learned counsel
for the informant has given an undertaking that he will appear
and the prosecution will examine the witnesses on the dates
fixed and cooperate in the trial and if the prosecution delays the
trial, then the appellant is given liberty to move before this
Court for bail.
CRIMINAL APPEAL (SJ) No.3355 of 2025
10. Heard learned counsel for the appellant, the
learned Spl. P.P. for the State as well as the learned counsel for
the informant.
11. This appeal is preferred against the order dated
02.08.2025 passed by the learned Exclusive Special Judge,
SC/ST Act, Patna in Serial No. 217 of 2023 arising out of
Masaurih P.S. Case No. 406 of 2023 registered for the offence
under Sections 302, 506, 120B, 34 of the Indian Penal Code,
Patna High Court CR. APP (SJ) No.3355 of 2025(8) dt.03-04-2026
4/5
Section 27 of the Arms Act and under Section 3(2)(v) of the
SC/ST Act, by which the prayer of the appellant for anticipatory
bail was rejected.
12. As per the prosecution case, the appellant along
with others is accused of assaulting and killing the deceased.
13. Learned counsel for the appellant submits that the
appellant is the second brother-in-law (sala) has falsely been
implicated in this case. There is no specific allegation against
the appellant. Learned counsel lastly submits that the appellant
was only driving the car in which the deceased has been killed
and only allegation against him is that he called 2-3 times and
talked to Ritwik on his mobile who had killed the deceased.
Learned counsel further submits that it is a natural conduct of
one brother talking to another brother and it cannot be construed
as a material to connect the appellant with the crime. Appellant
is in jail since 15.07.2025.
14. Learned counsel for the State and the learned
counsel for the informant have vehemently opposed the prayer
of the appellant.
15. Considering the aforesaid facts and circumstances
of the case, this appeal stands allowed. Accordingly, the order
dated 02.08.2025 passed by the learned Exclusive Special
Patna High Court CR. APP (SJ) No.3355 of 2025(8) dt.03-04-2026
5/5
Judge, SC/ST Act, Patna in Serial No. 217 of 2023 arising out of
Masaurih P.S. Case No. 406 of 2023 is hereby set aside.
16. Accordingly, let the appellant, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned learned Exclusive Special Judge,
SC/ST, Patna /concerned Court below in connection with
Masaurih P.S. Case No. 406 of 2023.
17. As a condition of this order, the appellant after
being released on bail is directed to co-operate in the trial either
by appearing personally or through his lawyer in the Trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the appellant.
(Sandeep Kumar, J)
tusharika/-
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