Rajkumar Sahni @ Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61108 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- MAJHAULIA District- West Champaran ====================================================== Rajkumar Sahni @ Raj Kumar S/o- Chandev Sahani Village- Jaukatiya W.No12, Ps- Majhauliya Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Majhauliya P.S. Case No. 103 of 2025, instituted for the offences punishable under Sections 329(3), 126(2), 115(2), 118, 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that several accused persons including the petitioner came armed to the informant's house. It is specifically alleged that the petitioner assaulted the informant on his head by means of farsa, causing a serious injury.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.61108 of 2025(2) dt.29-08-2025 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that on account of land dispute an altercation took place between the agnates, in which members of prosecution side played the role of aggressor and none of the members of petitioner's side had any intention to kill anyone. It is also submitted that the injury received by the informant is simple in nature and the injury does not corroborate with the prosecution case. The petitioner is in custody since 13.06.2025 and has got three criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 09.07.2025 passed in Cr. Misc. No. 40941 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.61108 of 2025(2) dt.29-08-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Majhauliya P.S. Case No. 103 of 2025.
(Rudra Prakash Mishra, J) Rajorshi/- U T