Raju Singh @ Ranjan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19076 of 2025 Arising Out of PS. Case No.-349 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Raju Singh @ Ranjan Kumar Singh S/o Late Rajnath Singh R/o vill - Sarana, P.S.- Shahpur, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2025 Heard Mr. Akash Kumar Mishra, learned counsel appearing on behalf of the petitioner and Mr. Chandra Sen Prasad Singh, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Shahpur P.S. Case No. 349 of 2024 registered under Sections 126(2), 115(2), 303(2), 109, 352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the allegation made in the FIR, the petitioner, along with other accused, assaulted the informant and his family members, as a result of which, they sustained injuries. Specific allegation against the petitioner is that he has assaulted the informant on his head by means of iron rod.
4. Learned counsel appearing on behalf of the petitioner submitted that specific allegation against the
Patna High Court CR. MISC. No.19076 of 2025(2) dt.16-04-2025 2/3 petitioner is that he had assaulted the informant on his head by means of iron rod and the informant sustained injury, however, the allegation against the petitioner cannot be sustained in view of the fact that there is case and counter case between the parties, arising out of same incidence, for which Shahpur P.S. Case no.348 of 2024 was lodged by the petitioner's side. Learned counsel further submitted that the petitioner, in his selfdefense, may have caused some injury on the person of the informant, without intention. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having perused the FIR, as well as, the fact that there is a case and counter case between the parties, arising out of the same incidence, which shows that there was free fight and in the same course of incidence, the petitioner may have caused some injuries on the person of the informant, which may be without intention and the petitioner is having clean antecedent and the petitioner is having clean antecedent, I am of the opinion that the petitioner has, prima facie, made out a case to be released on pre-arrest bail.
Patna High Court CR. MISC. No.19076 of 2025(2) dt.16-04-2025 3/3
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Judicial Magistrate-Ist, Bhojpur at Ara in connection with Shahpur P.S. Case No. 349 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T