Raj Kumar @ Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29162 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Raj Kumar @ Raj Kumar Sah S/O Late Janardan Prasad Village- Nai Bazaar Sabzi Mandi, PS- Town, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP For the Informant :

Mr. Ratneshwar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Town (Muzaffarpur) P.S. Case No. 107 of 2025 instituted for the offences under Sections 126(2), 115(2), 109, 61(2), 316(2), 318(4), 303(2), 3(5) of the BNS.

3. Prosecution case, in short, is that, petitioner and his daughter sold their house to the informant but they continued to live there as tenants beyond the agreeing period. When the informant asked to vacate the same, they allegedly assaulted the informant and also took out Rs. 10,000/- from the pocket of the informant's brother.

Patna High Court CR. MISC. No.29162 of 2025(2) dt.15-05-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that no sale deed as alleged by the informant has been executed by the petitioner. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that as a matter of fact, there already exists land dispute between the parties and Title Suit is also pending between them. Learned counsel further submitted that counter-case has also been lodged by the petitioner against the informant and other. Learned counsel further submitted that as per allegation levelled in the FIR, the petitioner assaulted on the head of the informant but no any injury is available on record to substantiate the claim. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.03.2025 and has one criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, case and counter-case between the parties as also the period of custody undergone by the petitioner, this Court is

Patna High Court CR. MISC. No.29162 of 2025(2) dt.15-05-2025 3/3 inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Town (Muzaffarpur) P.S. Case No. 107 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T