Patna High Court
Rabi Kumar @ Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1-b)(a), 26, 35
- Indian Penal Code — s. 302, 307, 323, 324, 353
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
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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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