Raj Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11318 of 2025 Arising Out of PS. Case No.-599 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Raj Kumar Sah Son of Late Mahadev R/O Village- Shitalpur Kamalpur, P.SBidupur, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Bidupur P. S. Case No. 599/2024 in a case registered for the offences punishable under Section 115(2), 126(2), 109, 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, on the alleged date and time of the occurrence, all the FIR named accused persons including this petitioner came to the house of informant and abused informant's father and also assaulted him with bricks and stones causing him head injuries. Victim was treated in the Hospital but he died during course of treatment.
4. Learned counsel for the petitioner submits that parties are agnates and due to land dispute, occurrence of marpit
Patna High Court CR. MISC. No.11318 of 2025(3) dt.02-05-2025 2/2 took place between the parties. F.I.R. has been lodged after inordinate delay of more than ten days which itself raises doubt over veracity of the prosecution case. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by this Hon'ble Court vide order dated 07.03.2025 passed in Cr. Misc. No. 10602 of 2025. Petitioner is in custody since 05.11.2024.
5. Learned A.P.P. for the State vehemently opposes the bail application.
6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P. S. Case No. 599 of 2024.
(Prabhat Kumar Singh, J) Navya/- U T