Raviraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44298 of 2025 Arising Out of PS. Case No.-285 Year-2024 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Raviraj Kumar S/o Raghunath Mahto Village- Hemanpur Sivaisinghpur, aged about 28 years, PS- Mohiuddin Nagar, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjai Kumar Singh, Adv For the Informant :

Mr. Pramod Kumar Singh, Adv Mr. Pravin Kumar, Adv For the Opposite Party/s :

Ms. Nirmala Kumari APP (Inc) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Mohiuddin Nagar P.S Case No. 285 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2), 118(1), 118(2), 109, 103(1), 61(2), 352, 351(2)

(3) of BNS Act and Section 27 of the Arms Act.

3. As per allegation in the FIR, petitioner along with the other accused persons have assaulted the informant's son namely Gaurav and one of his friend namely Saurav with lathidanda and one of the accused person fired gunshot upon Gaurav due to which he died and Saurav is being treated in PMCH, Patna

Patna High Court CR. MISC. No.44298 of 2025(3) dt.03-09-2025 2/3

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that there is no allegation of any overt-act attributed to the petitioner in any manner and only because on account of being invited as neighbor, he was also present in the said function and was having meal. He further submits that his name has been figured only on the basis of suspicion. He further submits that there is several land dispute between the informant and the petitioner. He further submits that petitioner has no enmity from either side in any manner. It is also submitted that petitioner is in judicial custody since 21.02.2025 having clean antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, case diary and the impugned order dated 25.04.2025, it appears that allegation upon the petitioner is only that he told Bambam Singh @ Navneet that he is in the house of Sourav eating in feast then Bambam Singh @ Navneet started abusing Saurav Kumar on the phone and when he was abusing, Raviraj (present petitioner) put his phone on speaker due to which scuffling took place between both the parties and the incident happened but petitioner was not present

Patna High Court CR. MISC. No.44298 of 2025(3) dt.03-09-2025 3/3 at the place of occurrence and the only allegation against the petitioner is that he had put his phone on speaker which is mentioned in para 20 of the case diary, so, considering the fact the petitioner is having clean antecedent, let the above named 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 learned Judicial Magistrate 1 cum Additional Munsif, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 285 of 2024.

(Ramesh Chand Malviya, J) Sunnykr/- U