Raju Mehta @ Raju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43339 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== Raju Mehta @ Raju Mahto S/o Sri Basudev Mahto Resident of Mohalla- Lala Toli, Hansraj ki Deodhi, P.S.- Khajekalan, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Khajekalan P.S. Case No. 50 of 2025 registered for the alleged offences under Sections 109, 3(5) of B.N.S. and Section 27 of the Arms Act.

3. As per prosecution case, co-accused persons came to the house of the informant and entered into altercation with the brothers of the informant and assaulted them with leg and fists. The persons of locality assembled and pacified the matter. Later on, the petitioner and other co-accused persons who were variously armed came to the doors of the informant and allegation against the petitioner is that on his order, co-accused

Patna High Court CR. MISC. No.43339 of 2025(2) dt.16-07-2025 2/3 persons fired upon one Ravindra and one Arvind, the brothers of the informant. The petitioner and other co-accused fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From perusal of the FIR it is apparent that there is no allegation of any overt act against the petitioner and only allegation is that he was an order giver. Learned counsel further submits that the persons against whom there is allegation of firing are not the petitioner. Learned counsel further submits that there is no injury report on record which shows the doubtful nature of allegation. The petitioner is having clean antecedent and he is in custody since 11.02.2025 and charge sheet has been submitted.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.43339 of 2025(2) dt.16-07-2025 3/3 each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna City/concerned Court in connection with Khajekalan P.S. Case No. 50 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T