Raj Kumar @ Githa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8301 of 2025 Arising Out of PS. Case No.-122 Year-2024 Thana- PURAINI District- Madhepura ====================================================== Raj Kumar @ Githa son of Dinesh Sahni R/o - Puraini Bazar, Ward no.05, P.S - Puraini, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2025 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks regular bail in connection with Puraini PS case no. 122 of 2024 instituted for the offences punishable under Section 302 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 18.06.2024 in the night at about 9 pm, altercation took place between informant's husband and accused Rahul Kumar, son of co-accused Dinesh Sahani regarding plucking of mango. It has been alleged that all accused persons including petitioner surrounded informant's husband and on the order of accused Dinesh Sahani, co-accused Rahul Kumar and the petitioner assaulted informant's husband namely Pawan

Patna High Court CR. MISC. No.8301 of 2025(2) dt.07-02-2025 2/3 Sahani by means of iron log. Accused Rahul assaulted on the head of informant's husband by iron log. The petitioner is said to have assaulted the informant's husband by means of lathi on his leg, who subsequently died in hospital on 21.06.2024. 4.

Learned counsel for the petitioner submits that petitioner is in custody since 03.12.2024. Learned counsel further submits that the allegation against him is that he assaulted by lathi on the legs of the deceased and postmortem report of the deceased shows that the cause of death is head injury, which is not attributable to the petitioner. He also submits that some of the co-accused persons have been granted anticipatory bail by this Court vide order dated 18.11.2024, passed in Cr. Misc. No. 75475 of 2024.

6.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the fact that direct allegation of assault on the head of the informant is upon co-accused Rahul Kumar and some of the accused persons have been granted anticipatory bail by this Court as also the fact that there is no likelihood that petitioner will abscond or tamper with the evidence, if he is granted bail, I am inclined to grant regular bail to the petitioner.

7.

This application is, accordingly, allowed.

Patna High Court CR. MISC. No.8301 of 2025(2) dt.07-02-2025 3/3 8.

Let petitioner, abovenamed, 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 learned Additional Chief Judicial Magistrate-1st, Udakishunganj in connection with Puraini PS case no. 122 of 2024. (Anil Kumar Sinha, J) rinkee/- U T