Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37392 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- NARDIGANJ District- Nawada ====================================================== Raushan Kumar Son of Vinod Singh Resident of Village- Lodipur Jaffra, P.S.- Nardiganj, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-09-2025 Heard Mr. Bipin Kumar, learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 126(2), 115(2), 117(2), 352, 74, 351(2), 109 and 3(5) of the B.N.S.

3. The case of the prosecution is that Robin Kumar and Amit Kumar @ GD caught Subhash Kumar and this petitioner assaulted him with iron rod due to which he received bleeding head injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the

Patna High Court CR. MISC. No.37392 of 2025(4) dt.01-09-2025 2/3 petitioner has submitted that there is also a counter version of this case and from perusal of the statement of the injured in para-5 of the case diary, it will transpire that he has stated that Robin, Amit and Raushan caught and assaulted him. In FIR, there is specific allegation against this petitioner of assaulting whereas in the statement of the injured, the injured has stated that all have assaulted him. The statement of injured varies on material point as to who has assaulted him. Learned counsel for the petitioner has further submitted that two other persons, namely, Robin and Amit have been granted bail by the trial court itself. Moreover, the petitioner is languishing in judicial custody since 20.03.2025.

5. Learned APP appearing for the State and learned counsel for the informant have opposed the prayer of regular bail. Learned counsel for the informant has submitted that injuries of the Subhash are grievous in nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nardiganj P.S. Case No. 05 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.37392 of 2025(4) dt.01-09-2025 3/3 each to the satisfaction of learned A.C.J.M., Nawada. (Ashok Kumar Pandey, J) Shubham/- U T