Rahul Kumar @ Illu Singh vs The State Of Bihar on 21 July, 2025

Patna High Court – Orders

Rahul Kumar @ Illu Singh vs The State Of Bihar on 21 July, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15265 of 2025
                      Arising Out of PS. Case No.-777 Year-2022 Thana- GAURICHAK District- Patna
                 ======================================================
                 Rahul Kumar @ Illu Singh Son of Ramakant Singh Resident of Village-
                 Shekhpura, P.S.- Gaurichak, Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   21-07-2025

Heard Mr. Abhay Kumar, learned counsel for the

petitioner as well as Mr. Raj Kishor Singh, learned Additional

Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in

connection with Gaurichak P.S. Case No. 777 of 2022, F.I.R.

dated 22.11.2022 for the offences punishable under Sections

147, 148, 149, 307, 504, 506 of the Indian Penal Code and

Section 27 of the Arms Act.

3. According to prosecution case, all the accused

persons including the petitioner armed with weapons went to the

house of the informant and started firing indiscriminately. It is

further alleged that they also threatened the informant with dire

consequences to withdraw the earlier complaint.

4. Learned counsel for the petitioner submits that
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petitioner is innocent and he has falsely been implicated in the

present case. He further submits that the allegation as alleged in

the F.I.R. is false and fabricated and the petitioner has not

committed any offences as alleged in the F.I.R. No such

occurrence has taken place as mentioned in the FIR. He further

submits that from a bare perusal of the F.I.R it appears that there

is no specific allegation of firing attributed against this

petitioner and apart from that the complaint instituted by the

informant against this petitioner has already been disposed of in

favour of the petitioner on 25.10.2022 and present FIR was

instituted on 22.11.2022, so, the ground taken by the informant

in the FIR is false and fabricated. It is further submitted that

similarly situated co-accused persons, namely, Gulshan Kumar

Singh and Ranvir Kumar Singh @ Raju Singh have been

granted privilege of anticipatory bail by a co-ordinate Bench of

this Hon’ble Court vide order dated 11.07.2023 passed in Cr.

Misc. No. 23733 of 2023, co-accused person, namely, Chandan

Patel @ Chandan Kumar has been granted privilege of

anticipatory bail by a co-ordinate Bench of this Hon’ble Court

vide order dated 26.07.2023 passed in Cr. Misc. No. 36856 of

2023 and co-accused, namely, Laxman Kumar @ Lakshman

Prasad Singh has been granted privilege of anticipatory bail by
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a co-ordinate Bench of this Hon’ble Court vide order dated

11.07.2023 passed in Cr. Misc. No. 21869 of 2023.

5. The learned Additional Public Prosecutor has

vehemently opposed the prayer for bail of the petitioner and

submits that the petitioner is named in the F.I.R and apart from

that the petitioner carries one criminal antecedent other than the

present one but fairly submits on the basis of paragraph 3 of the

bail petition that the petitioner is on bail in the pending matter.

6. Considering the aforesaid facts and

circumstances, there is no specific allegation of firing attributed

against the petitioner, the case as mentioned in the FIR has been

disposed of prior to the lodging of the present FIR and similarly

situated co-accused persons have been granted privilege of

anticipatory bail by the co-ordinate Benches of this Hon’ble

Court, let the petitioner, above named, in the event of his arrest

or surrender before the court below within a period of thirty

days from the date of receipt of the order, be released on bail on

furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

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

A.C.J.M.,-II, Patna City in connection with Gaurichak P.S. Case

No. 777 of 2022, subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure/ 482(2) of the
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BNSS, 2023 and with other following conditions:-

i. Petitioner shall co-operate in the trial and shall be

properly represented on each and every date fixed by the court

and shall remain physically present as directed by the court and

on his absence on two consecutive dates without sufficient

reason, his bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the

witnesses, in that case, the prosecution will be at liberty to move

for cancellation of bail.

iii. And further condition that the court below shall

verify the criminal antecedent of the petitioner and in case at

any stage it is found that the petitioner has concealed his

criminal antecedent, the court below shall take step for

cancellation of bail bond of the petitioner. However, the

acceptance of bail bonds in terms of the above-mentioned order

shall not be delayed for purpose of or in the name of

verification.

(Rajesh Kumar Verma, J)

priyanka/-

U      T