Raushan Kumar @ Shamsher Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13417 of 2025 Arising Out of PS. Case No.-393 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Raushan Kumar @ Shamsher Rajak Son of Sahdeo Rajak Resident of VillageChamtha (Laxman Tol), P.S.- Bachhwara, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-06-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Bachhwara P.S Case no.393 of 2024 registered under sections 103(1), 115(2), 351 and 3(5) and Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, as a result of throwing of brick/stone and assault with lathi by the accused persons, it is stated that the informant's son Manish Kumar sustained injuries and died on the spot. The informant further states that it was accused Rajnish Kumar who had started the assault which was followed by others. Sonu Kumar who went to rescue Manish Kumar was also injured in the occurrence.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The
Patna High Court CR. MISC. No.13417 of 2025(3) dt.09-06-2025 2/3 allegations so far as he is concerned are general and omnibus in nature. Referring to the order granting bail to co-accused Kari Rai, it is submitted that only one external injury on the scalp was found on the body of the deceased which would be attributable to co-accused Rajnish Kumar. Further Kari Rai has been enlarged on anticipatory bail vide order dated 7.5.2024 passed in Cr. Misc. no.25699 of 2025. The case of the petitioner stands on a better footing since he is in custody since 22.11.2024, has no criminal antecedent and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the allegations being general and omnibus in nature, grant of anticipatory bail to the above named co-accused vide order dated 7.5.2024, the petitioner having remained in custody for six months since 22.11.2024, not having any criminal antecedent and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Bachhwara P.S Case no.393 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.13417 of 2025(3) dt.09-06-2025 3/3 of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.
(Partha Sarthy, J) Shiv/- U T