Raj Kumar Singh @ Chote Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57737 of 2025 Arising Out of PS. Case No.-477 Year-2023 Thana- BIKRAM District- Patna ====================================================== Raj Kumar Singh @ Chote Singh, Male, aged about 40 years, Son of Late Vijay Singh, Resident of Moryavan P.S.-Bikram, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhumay Madhup, Advocate For the State :

Mr. Ganesh Prasad Singh, APP For the Informant :

Mr. Lal Babu Keshari, Advocate Mr. Kamala Kant Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Bikram P.S. Case No. 477 of 2023 instituted for the offences punishable under Sections 341, 323, 307, 326 and 34 of the Indian Penal Code.

3. Earlier the prayer for bail of the petitioner was twice rejected, first in anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 61304 of 2024 vide order dated 25.09.2024 and second in regular bail by this Court passed in Cr. Misc. No. 15245 of 2025 vide order dated 15.05.2025 respectively.

4. As per the prosecution case, allegation against this petitioner is that he along with other co-accused persons

2/4 assaulted the informant and his family members by means of lathi, danda causing injury to them.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that the allegation of assault is general and omnibus against this petitioner and the injury alleged to have caused by the petitioner is simple in nature. He further submits that there is land dispute between both the parties. Petitioner is in custody since 25.01.2025.

6. Learned APP for the State and learned counsel for the informant vehemently opposed the prayer for bail and submits that there is specific allegation against this petitioner along with others co-accused persons assaulted the informant and his family members by means of lathi and danda causing injury to them.

7. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-1, Danapur, Patna dated 05.07.2025 and other relevant documents produced by learned counsel for the petitioner, it appears that on the basis of fardbeyan of the informant Nandlal Pandey, FIR has been registered under Sections 341, 323, 307, 326 and 34 of the

3/4 Indian Penal Code against seven co-accused persons including the present petitioner. The allegation against the petitioner is that he along with other co-accused persons assaulted the informant and his family members by means of illegal arms (lathi, danda) as submitted by learned counsel for the informant causing injury and caused hand factured of the informant. From perusal of the records, it transpires that though the charge-sheet has been submitted against the petitioner under Section 341, 323, 447, 504 and 34 of the Indian Penal Code but the cognizance has been taken against the petitioner under Sections 341, 323, 307, 326 and 34 of the Indian Penal Code. It also appears from the chargesheet-cum-final report bearing no. 163 of 2025, dated 22.03.

2025 of this case in which the Investigating Officer found the case true for the offence punishable under Sections 341, 323, 447, 504 and 34 of the Indian Penal Code that all the offences are bailable but the learned Magistrate deferred with the opinion of the Investigating Officer and took cognizance for offence under Section 307 of the Indian Penal Code also. Petitioner is in custody since 25.01.

4/4 anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 55606 of 2024 vide order dated 10.01.2025, so considering all these aspects of the case, submission of learned counsel for the parties, I am inclined to grant bail to the petitioner.

8. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named 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 the learned A.C.J.M.-VI, Danapur, Patna in connection with Bikram P.S. Case No. 477 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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