Raghbendra Jha @ Raghubendra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3578 of 2025 Arising Out of PS. Case No.-3 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Raghbendra Jha @ Raghubendra Jha S/O Laxmeshwar Jha R/O VillageMangrauni, P.S- Rajnagar, Distt.- Madhubani. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Subhash Kumar Jha, Advocate For the Opposite Party :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

2. Petitioner seeks bail in connection with Rajnagar P.S. Case No. 03 of 2023 registered for the offences under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

3. The petitioner is named in the First Information Report and is in custody since 23.08.2024.

4. Allegation against the petitioner is to assault the informant and his wife by using sharp edged weapon.

5. It is submitted by learned counsel appearing on behalf of the petitioner that occurrence took place in the background of neighborhood dispute and differences arising

Patna High Court CR. MISC. No.3578 of 2025(5) dt.22-07-2025 2/3 out of selection of a place for performing last rites near to the hut of the informant.

6. It is submitted that the injuries, as received during the course of occurrence by the informant/injured, were found simple in nature. It is also pointed out that weapon of assault was not found during investigation.

7. It is pointed out by learned counsel for the petitioner that injury is not only the criteria to make out a case prima facie punishable under section 307 of the IPC, rather there are other different factors which are taken into consideration. In support of his submission, learned counsel relied upon the legal report of Hon'ble Supreme Court as available through Jage Ram and Others Vs. State of Haryana reported in (2015) 11 SCC 366.

8. While concluding argument, it is submitted that petitioner found involved in one more criminal case, wherein he is on bail.

9. Learned A.P.P. for the State, while opposing the prayer for bail of the petitioner, submitted that injury was opined by the doctor that same may be endanger to life, but

Patna High Court CR. MISC. No.3578 of 2025(5) dt.22-07-2025 3/3 fairly conceded that injuries were found simple in nature.

10. Considering the facts and circumstances as mentioned above and by taking note of the fact as injuries found upon the injured/informant were simple in nature, coupled with the fact that petitioner remains in custody since 23.08.2024, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - 1st, Madhubani/concerned court, in connection with Rajnagar P.S. Case No. 03 of 2023, subject to the condition as laid down under Section 437 (3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T