Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29290 of 2025 Arising Out of PS. Case No.-201 Year-2024 Thana- KHAGARIA District- Khagaria ====================================================== Raja Kumar, S/O RamBhrosh Ram, R/O Mathurapur, P.S- Khagaria, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-05-2025 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Khagaria P.S. Case No. 201 of 2024, registered for the offences punishable under Sections 341, 147, 448, 323, 324, 307 and 506 of the Indian Penal Code.
3. The allegation against the petitioner is of causing assault to informant and his family members alongwith other co-accused persons by means of lathi, danda and iron rod causing injuries to four persons.
4. Learned Advocate appearing on behalf of the petitioner taking this Court through the FIR contended that there is omnibus nature of allegation against all the FIR named
Patna High Court CR. MISC. No.29290 of 2025(2) dt.07-05-2025 2/3 accused persons including the petitioner. Moreover, the injuries sustained to four of the family members of the informant, all have been found to be simple in nature, except one caused to Hariram Mahto, which is on non-vital part and in fact not attributed to the petitioner. Further submission has been made that there is counter version of the present case being Khagaria P.S. Case No. 202 of 2024 instituted against the informant and other family members. The genesis of the occurrence is said to be land dispute and moreover, on the fateful day on account of some trifle both the parties entered into a scuffle, resulting into injuries to persons of both the side. The petitioner bears fair antecedent and he undertakes before this Court that he will fully cooperate in the investigation and the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioner has actively participated in the crime.
6. Regard being had to the submissions made on behalf of the parties and considering the factum of case and counter case, coupled with the omnibus nature of allegation and his fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of
Patna High Court CR. MISC. No.29290 of 2025(2) dt.07-05-2025 3/3 receipt/production of a copy of this order, upon 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 in connection with Khagaria P.S. Case No. 201 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) supratim/- U T