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Patna High Court

Rabi Kumar @ Ravi KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to regular bail as the FIR contains no specific allegation against him and there is insufficient material to link him directly to the shooting.

Summary

The petitioner, Rabi Kumar, the owner of a DCM truck, was implicated in a case where a police officer was shot and later died during a rescue attempt by a gang. The FIR alleged offences under Sections 302, 307, 353, 323/34 of the IPC and Sections 25(1‑b)(a), 26 and 35 of the Arms Act, but did not specifically allege that the petitioner fired the weapon. Counsel argued that the petitioner merely owned the vehicle, had handed it over to another person on the date of the incident, and that no tip‑off or eyewitness identification linked him to the shooting. The prosecution highlighted the petitioner’s prior criminal record. The court, noting the absence of a direct allegation against the petitioner and the lack of TIP, decided to grant regular bail on a bond of Rs.10,000 with two sureties, directing his release.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with murder, attempt to murder and offences under the Arms Act.
  • Whether the lack of a specific allegation or tip‑off against the petitioner precludes granting bail.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • IPC murder
  • Arms Act
  • owner of vehicle
  • police shooting
  • criminal antecedent
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87896 of 2025
                    Arising Out of PS. Case No.-306 Year-2023 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Rabi Kumar @ Ravi Kumar S/O Nandu Singh Resident of Village- Lodipur,
                 P.S.- Khusrupur, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                                                  Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :       Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 302, 307, 353

                   & 323/34 of the Indian Penal Code and under Sections 25(1-b)(a),

                   26 and 35 of the Arms Act.

                                 3. The case of the prosecution, in short, is that the

                   informant with other police officials proceeded for investigating

                   Mohanpur O.P. P.S. Case No. 517 of 2023 under Section 379 IPC

                   against unknown persons. During investigation the deceased got

                   information that Meghu Prasad roaming with his 10-15

                   companions in the area in order to steal the cattle. On this

                   information the informant along with his police officials reached

                   P.O. and saw that one DCM truck bearing registration no. BR 06
Patna High Court CR. MISC. No.87896 of 2025(2) dt.06-01-2026
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          GI-5918 covered with upper part with tirpaal and one pick up

          vehicle bearing registration no. BR 01 GL- 0793 was found there

          and three persons were standing there. They were caught by police

          personnel but other 10-12 persons of their gang came to their

          rescue. In course of rescue, one of them fired on S.H.O. Nand

          Kishore Yadav due to which he became injured and during course

          of treatment he succumbed to the injuries.

                       4. Learned counsel for the petitioner submits that from

          perusal of the FIR itself it is clear that there is no specific

          allegation against any person of making fire. This petitioner has

          been made accused in this case as he is the owner of the DCM

          truck bearing registration no. BR 06 GI-5918. Learned counsel for

          the petitioner has further submitted that the petitioner has given his

          truck to one Vikash Kumar on the date of the occurrence. From

          perusal of the FIR itself it is also clear that the informant has stated

          that he can identify the culprits as he has seen them in light but no

          TIP has been conducted. Save and except that the petitioner is

          owner of the DCM truck there is nothing against him. Learned

          counsel for the petitioner has submitted that the petitioner is in

          judicial custody since 06.10.2023.

                       5. Learned Additional Prosecutor for the State has

          vehemently opposed the bail application of the petitioner and has

          submitted that the petitioner is having criminal antecedent of two
            Patna High Court CR. MISC. No.87896 of 2025(2) dt.06-01-2026
                                                        3/3




                      cases.

                                   6. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioner on bail. The

                      above named petitioner is directed to be released on bail in

                      connection with Ujiyarpur P.S. Case No. 306 of 2023 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned Chief

                      Judicial Magistrate, Dalsinghsarai at Samastipur.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U


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