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Patna High CourtCR. MISC./35276/2025bail granted

Rajan Kumar @ Rajan Singh v. The State Of Bihar

2025-05-22Justice Smt. Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35276 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- BETTIAH CITY District- West Champaran ====================================================== Rajan Kumar @ Rajan singh S/o Bhola Singh R/o New Colony Dak Bangla Road, P.S.- Bettiah Town, Dist- West Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachin Kumar, Adv.

For the State :

Ms. Sharda Kumari, APP.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable u/s 126(2), 115(2), 118(2), 109(1), 324(1), 329(1), 3(5) of the BNS, 2023.

3. The FIR discloses a story that the petitioner along with other accused persons came variously armed at the door of the informant and hurled abuses upon him. It is further alleged that on protest, the petitioner have a lathi blow on the head of the informant due to which he sustained injury. The informant's cousin Rohit Tiwari, who came to the rescue of the informant, was also assaulted by other accused persons.

4. Learned counsel for the petitioner submits that in the entire FIR, the allegation on the petitioner is confined to giving a lathi blow on the head of the informant due to which he sustained

Patna High Court CR. MISC. No.35276 of 2025(2) dt.22-05-2025 2/2 injury and fell down. Learned counsel for the petitioner invites the attention of this Court to the injury report of the informant which has been annexed as Annexure-P/2 to the present application and the said injury report shows that the injury is simple in nature caused by sharp object. It is also submitted that there has been no repetition of blow and as such an offence under Section 109(1) of the BNS, 2023 would not be made out in the facts of the present case. It is next submitted on behalf of the petitioner that he has been languishing in custody since 15.03.2025 with no criminal antecedent.

5. Learned APP for the State, however, opposes the prayer for regular bail.

6. Considering the above-mentioned facts and circumstances and particularly the nature of the injury sustained by the informant, i.e, simple, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bettiah Town P.S. Case No. 128 of 2025.

(Soni Shrivastava, J) divyanshi/- U T