Rahul KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40536 of 2026
                      Arising Out of PS. Case No.-78 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Rahul Kumar, S/o Ram Ekwal Singh R/o Vill- Marchi, P.S.- Bypass, Distt-
                 Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arvind Kumar Pradhan- Advocate
                 For the Opposite Party/s :      Mr.Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   09-07-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The S.H.O.-cum-Investigating Officer of the case,

                   in compliance of the order dated 02.07.2026, is present in the

                   Court.

                                3. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 127(2), 109, 61(2) and 3(5) of the B.N.S. and Section

                   27 of the Arms Act.

                                4. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases and the informant

                   alleges that on 08.02.2025, he was coming back home after

                   dropping the children to school when three unknown accused

                   persons on a motorcycle came and fired on account of which, he
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          suffered injury on shoulder and stomach. It is next alleged that

          he is having land dispute with his agnates namely Vijay Kumar,

          Rahul Kumar (petitioner) and Jully Kumar. Further, decree with

          respect to the land was made in favour of his grandfather, hence

          Vijay got his cousin brother killed. Further, three months before

          his uncle was killed by Puttu and others and few months back

          firing was done at his cousin brother Satyendra, who got injured

          but was saved, thus alleges that his aforesaid agnates got the

          occurrence committed.

                       5. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that informant alleges that three

          unknown accused fired at him causing injury on his shoulder

          and stomach. It is further submitted that shooter Rajan was

          apprehended and his statement was recorded but he did not

          disclose the name of the petitioner. It is also submitted that even

          Vijay was arrested and his confessional statement was recorded

          at Para-122 of the case diary wherein he confessed about getting

          the offence committed, but then does not even remotely

          suggests about involvement of the petitioner. It is next submitted

          that petitioner being own brother of Vijay came to be

          implicated.
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                       6. On query of the Court from the S.H.O.-cum-

          Investigating Officer of the case that as to what material

          transpired during the course of investigation connecting the

          petitioner with the offence, the S.H.O.-cum-Investigating

          Officer of the case fairly submits after perusing the case diary

          that till date, no material has surfaced connecting the petitioner

          with the offence.

                       7. At this stage, the learned A.P.P. Sri Chandra

          Bhushan Prasad submits that if privilege of anticipatory bail is

          granted, the petitioner may abscond, on which the learned

          counsel appearing on behalf of the petitioner submits that if

          privilege of anticipatory bail is granted, the petitioner will not

          abscond rather will cooperate in the investigation to prove his

          innocence.

                       8. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on bail

          on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees

          Twenty Five Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Trial Court where the case

          is pending/successor Court in connection with Malsalami P. S.
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                         Case No.78 of 2025, subject to the conditions laid down under

                         Section 482(2) of the B.N.S.S.

                                      9. The application stands allowed.

                                      10.        However, it is made clear that in the event, if

                         any application is filed by the Investigating Officer before the

                         learned trial Court bringing to its notice that petitioner, despite

                         giving assurance to this Court, is not cooperating in the

                         investigation or is not presenting himself as and when required,

                         the learned trial Court shall be at liberty to cancel the bail bonds

                         of the petitioner after recording reasons.

                                      11. Let a copy of this order be sent to the concerned

                         Police Station through the learned trial Court.

                                      12. The    personal appearance of the S.H.O.-cum-

                         Investigating Officer of the case is dispensed with.



                                                   (Satyavrat Verma, J)
vikash/-

U          T