Md. Raja Khan @ Md. Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32458 of 2025 Arising Out of PS. Case No.-739 Year-2024 Thana- JAMUI District- Jamui ====================================================== Md. Raja Khan @ Md. Raja, son of late Md. Musha Khan @ Md. Mustak Resident Of Village- Satgama, PS- Jamui, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Kamal Nayan, Advocate.
For the State :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Jamui P.S. Case No. 739 of 2024 dated 17.11.2024 registered for the offences punishable under Sections 126(2), 115(2), 110, 303(2), 352 and 3(5) of B.N.S.
3. As per allegation, the petitioner and other coaccused surrounded the informant and co-accused Md. Adnan assaulted him with iron rod. It is further alleged that the petitioner snatched chain of the informant worth Rs.80,000/-. The reason behind altercation is previous enmity between the informant side as well as petitioner side.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.32458 of 2025(3) dt.03-09-2025 2/3 petitioner is innocent and has falsely been implicated in this case. He further submits that there is no specific allegation against the petitioner that he has made any assault upon the informant. The allegation regarding snatching chain is superficial addition in the FIR to make the case serious. He also submits that as per medical report, injury sustained by the informant is simple in nature.
5. It is also stated in paragraph No. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph No.3 of the bail petition that the petitioner has been made accused in another case in which he is on bail.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid fact that there is no specific allegation of assault against the petitioner and simple nature of injury allegedly caused by the accused side, this petition is allowed, directing the petitioner above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing
Patna High Court CR. MISC. No.32458 of 2025(3) dt.03-09-2025 3/3 bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below, in connection with Jamui P.S. Case No. 739 of 2024 subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T