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Patna High CourtCR. MISC./22865/2025bail granted

Raj Kumar v. The State Of Bihar

2025-04-23Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22865 of 2025 Arising Out of PS. Case No.-9 Year-2024 Thana- KIUL District- Lakhisarai ====================================================== Raj Kumar, age about 29 years, Male, Son of Manilal Yadav, Resident of Village- Singhchak, P.S. - Kiul, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advoate For the Opposite Party/s :

Mr. Aditya Narayan Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kiul P.S. Case No. 09 of 2024 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354(B), 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is that he assaulted the informant's son Amit Kumar by Bhala blow at the left portion of stomach who became unconscious.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to dirty village politics.

Patna High Court CR. MISC. No.22865 of 2025(2) dt.23-04-2025 2/3 He submits that there is case and counter case attributed between the parties. He further submits that there is compromise between both the parties and a compromise petition has been filed, which is kept at Annexure-5. Petitioner is in custody since 20.01.2025.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Sessions Judge, Lakhisarai dated 07.03.2025, it appears that petitioner is named in the FIR. From perusal of the records, it also appear that on the basis of written report of the informant namely Nilam Devi, FIR has been registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354(B), 504 and 506 of the Indian Penal Code against nine co-accused persons including the present petitioner. The allegation against the petitioner is that he inflicted Bhala blow upon the son of the informant namely Amit Kumar, who sustained puncture wound injury of size 1''x 1'' (skin deep) fatal (dangerous to life). There is no any repeated blow upon the injured and both the parties have compromise the case before the trial Court and a compromise petition is also annexed at Annexure-5 of this petition as well as there is case and counter case attributed between the parties and similarly situated co-accused persons

Patna High Court CR. MISC. No.22865 of 2025(2) dt.23-04-2025 3/3 namely Sudhir Kumar @ Sudhir Yadav, Photo Kumar @ Photo Yadav, Shiv Kumar and Prem Pratap @ Prem Prakash @ Ravish Kumar have been granted anticipatory bail by a Bench of this Court in Cr. Misc. Nos. 40985 of 2024 and 63262 of 2024 vide orders dated 18.10.2024 and 10.01.2025, respectively, so considering all aspects of the matter, the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Kiul P.S. Case No. 09 of 2024. (Ramesh Chand Malviya, J) Anand Kr.

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