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Patna High CourtCR. MISC./54226/2025allowed

Raja Kumar @ Raj Kumar v. The State Of Bihar

2025-11-19Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54226 of 2025 Arising Out of PS. Case No.-439 Year-2025 Thana- NAGAR District- Vaishali ====================================================== 1.

Raja Kumar @ Raj Kumar S/o Jitendra Mahto Resident of village - Kumhartoli Gudari Road, P.s.- Hajipur Town, Distt.- Vaishali 2.

Suraj Kumar S/o Dhora Mahto Resident of village - Kumhartoli Gudari Road, P.s.- Hajipur Town, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

Mr. Hemant Ray, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-11-2025 Heard learned Advocate for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Hajipur Town P.S. Case No. 439 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109, 352, 303(2), 3(5) of the BNS.

3. Allegation against the petitioners is of causing assault to the informant by means of lathi and danda due to which the informant sustained serious injury. It is further alleged that the petitioner no. 2 snatched a golden chain worth Rs.50,000/- and cash of Rs.6,000/- from his pocket.

4. Learned Advocate for the petitioners referring to

Patna High Court CR. MISC. No.54226 of 2025(3) dt.19-11-2025 2/3 the FIR contended that besides the omnibus nature of allegation against all the accused persons of causing assault, the snatching of valuable is nothing but a concocted one; moreover the injury which is alleged to have sustained over the body of the informant, the same has been found to be simple in nature. The petitioners bear fair antecedent and undertake that they will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the informant has sustained a lacerated wound on frontal region of head, which is attributed to all the accused persons.

6. Regard being had to be submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the simple injury and the fair antecedent, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali, Hajipur in connection with Hajipur Town P.S. Case No. 439 of 2025, subject to the conditions laid down in Section 482(2) of the

Patna High Court CR. MISC. No.54226 of 2025(3) dt.19-11-2025 3/3 Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) Anjani/- U T