Patna High Court
Rustam AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted bail to both petitioners, directing them to furnish a bail bond of Rs 10,000 each with two sureties.
Summary
The High Court considered bail applications of Krishnanandan Kumar and Rustam Ali, who were in custody for alleged offences under IPC sections 384, 386, 427, 504 and 506 and Section 27 of the Arms Act. The FIR alleged that they threatened an informant via a mobile call demanding Rs 20 lakh and later fired at the informant’s house. The petitioners contended they were falsely implicated, were not named in the FIR, and that there were no eyewitnesses or any animosity with the informant. The State opposed bail. Noting the absence of eyewitness testimony and the petitioners’ claim of non‑identification in the FIR, the Court ordered that both be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to the satisfaction of the concerned Judicial Magistrate.
Issues considered
- Whether bail should be granted to the accused in the absence of eyewitness evidence and when they claim non‑identification in the FIR
- Whether the material on record justifies continued custody for offences under sections 384, 386, 427, 504, 506 IPC and Section 27 Arms Act
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 384, 386, 427, 504, 506
Subjects
- bail
- IPC
- Arms Act
- threat
- extortion
- lack of eyewitness
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78223 of 2025
Arising Out of PS. Case No.-22 Year-2020 Thana- BAIRIYA District- West Champaran
======================================================
Krishnanandan Kumar @ Krishnandan Kumar, aged about 22 years, S/o Late
Bhikhu Ram, R/O Village- Jamala, Police Station- Motihari Muffasil,
District- East Champaran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 79860 of 2025
Arising Out of PS. Case No.-22 Year-2020 Thana- BAIRIYA District- West Champaran
======================================================
Rustam Ali, aged about 25 years, S/o Shakil Akhtar, Resident of Village-
Kawalapur, P.S.- Turkauliya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 78223 of 2025)
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
(In CRIMINAL MISCELLANEOUS No. 79860 of 2025)
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioners, learned
counsel for the State and perused the case diary.
2. The petitioners are in custody in a case registered
for the offence punishable under Sections 384, 386, 427, 504
and 506 of the Indian Penal Code and Section 27 of the Arms
Patna High Court CR. MISC. No.78223 of 2025(3) dt.21-01-2026
2/3
Act.
3. As per allegation in the FIR, it is a case of threat
through mobile call bearing mobile no.9391998749 to the
informant demanding Rs.20,00,000, otherwise he will kill him
and his son and later on, they shot fired on the house of the
informant.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case and the
petitioners are not named in the FIR. He next submits that there
is no eye witness in the alleged FIR nor there was any inimical
terms with the informant of the petitioners. He next submits that
no person has come forward to have stated that the present
petitioners was seen in and around the place of occurrence at the
relevant time. Petitioners are in custody since 18.08.2025 and
01.09.2025 respectively.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In view of the aforesaid facts as also the fact that
there is no eye witness of the alleged occurrence, so let the
above named petitioners be released on bail on furnishing bail
bond of Rs.10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of Miss, Sweta Shukla,
Patna High Court CR. MISC. No.78223 of 2025(3) dt.21-01-2026
3/3
Judicial Magistrate, Ist Class, Bettiah, District-West
Champaran/concerned Court in connection with Bairiya P.S.
Case No. 22 of 2020.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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