Raju Sai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36606 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Raju Sai S/o Taufik Sai R/o Village- Dumari, P.S.- Durgawati, DistrictKaimur (Bhabua), at present resident of Vill- khadauli, P.S.- Chenari, DisttRohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parwej Khan, Adv.
For the Opposite Party/s :
Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-08-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The present Criminal Miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the BNSS") for seeking regular bail in connection with S.Tr. No.274 of 2024 arising out of Ramgarh P.S. Case No.100 of 2024 lodged on 22.03.2024 under Sections 302, 120B and 34 of the I.P.C.
3. As per the prosecution, the F.I.R. has been lodged against 7 named accused persons excluding the petitioner against whom there is an allegation of killing the informant's husband by cutting his neck and head by the sharp cutting weapon.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36606 of 2025(3) dt.06-08-2025 2/3 petitioner is innocent and has committed no offence. He submits that the petitioner is not named in the F.I.R. and he has been falsely implicated in the present case. He further submits that petitioner's name has figured in the present case only on the basis of confessional statement of co-accused persons at later stage.
5. Counsel further submits that charge has been framed in this case and evidence of prosecution witnesses has completed, but none of the witnesses have disclosed any material against the petitioner.
6. counsel further submits that on earlier occasion, progress report of the trial has been called for. Upon perusal of the report, it transpires that witnesses have been examined and certificate under section 65B of the Indian Evidence Act has been produced. He further submits that petitioner has been unnecessarily kept in custody since 08.04.2024 having one criminal case pending against him in which he is on bail.
7. Learned APP for the State opposes the prayer for bail and submits that petitioner is not named in the FIR and none of the witnesses have disclosed the name of the petitioner.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above
Patna High Court CR. MISC. No.36606 of 2025(3) dt.06-08-2025 3/3 named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Addl. Sessions Judge-IX, Kaimur at Bhabua in connection with S.Tr. No.274 of 2024 arising out of Ramgarh P.S. Case No.100 of 2024, subject to the following conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Dr. Anshuman, J.) Prakashmani/- U T