Raj Kumar Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59081 of 2025 Arising Out of PS. Case No.-155 Year-2020 Thana- ALOULI District- Khagaria ====================================================== Raj Kumar Sada S/o Wakil Sada Resident Of Village- Kanti, P.S.- Salkhua, Chiryan (O.P.), Dist- Saharsa, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nishant Kumar, Advocate Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Alouli P.S. Case No. 155 of 2020, instituted for the offences punishable under Section 394 of the Indian Penal Code.
3. The prosecution case, in short, is that four unknown miscreants have assaulted the informant with lathi and snatched his mobile, Rs. 5,200/- and clothes. It is further alleged that one of the miscreants had put arms on Kanpatti.
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.59081 of 2025(2) dt.21-08-2025 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 the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Santosh Kumar and Kamlesh Choudhary and the same has got no evidentiary value. It is next submitted that the allegation levelled against the petitioner is not specific rather the same is general and omnibus in nature. The petitioner is in custody since 09.05.2025 and has got two 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 26.04.2024 passed in Cr. Misc. No. 13835 of 2024.
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.59081 of 2025(2) dt.21-08-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Alouli P.S. Case No. 155 of 2020.
(Rudra Prakash Mishra, J) Rajorshi/- U T