Raja Kumar Sah @ Raja Babu @ Raja Kumar @ Raja Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53870 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== Raja Kumar Sah @ Raja Babu @ Raja Kumar @ Raja Kumar Singh Son of Tarkeshwar Sah Resident of village- Samsuddin Pur, P.s.- Revilganj, DistrictSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Rajesh Kumar Singh For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam Mr. Shekhar Mr. Harshvardhan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2024

1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the informant and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a young boy aged about 24 years and the informant alleges that he has a plot of land over which he has constructed a shop. Further, on 26.08.2022, he got an information that accused persons were

Patna High Court CR. MISC. No.53870 of 2024(2) dt.29-08-2024 2/3 constructing a boundary over the land. Accordingly, he reached the place of occurrence and protested, on which on orders of Tribhuvan, his wife Kajal brought a sword and Jagnarayan assaulted by sword causing injury on hand. Further, petitioner also along with others started assaulting.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that specific allegation of assaulting the informant by sword is against Jagnarayan based on which, his hand was nearly severed. It is further submitted that allegation against the petitioner is general and omnibus in nature. It is also submitted that petitioner is not related to Tribhuvan or Jag Narayan, as such, he had no interest in the property of the informant. The learned counsel at the cost of repetition submits that allegation of assault against this petitioner is general and omnibus in nature.

5. The learned counsel appearing on behalf of the informant as well as Learned A.P.P. opposes the anticipatory bail application, but then, are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that there is no specific allegation against the petitioner.

Patna High Court CR. MISC. No.53870 of 2024(2) dt.29-08-2024 3/3

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Saran at Chapra in connection with Revilganj P. S. Case No.258 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T