Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60593 of 2025 Arising Out of PS. Case No.-212 Year-2025 Thana- GORAUL District- Vaishali ====================================================== 1.
Rajesh Kumar, S/O Krishna Sah Resident of Village Goraul, P.S.- Goraul, Dist.- Vaishali.
2.
Arti Gupta,W/O Rajesh Kumar Resident of Village Goraul, P.S.- Goraul, Dist.- Vaishali.
3.
Manju Devi, W/O Krishna Sah Resident of Village Goraul, P.S.- Goraul, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Adv.
For the Informant Mr. Amresh Kumar Sinha, Adv.
For the State :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-11-2025
1. Heard Mr. Santosh Kumar, learned counsel for the petitioners, Mr. Amresh Kumar Sinha, , learned counsel for the informant and Mr. Aditya Narayan Singh.1, learned APP for the State.
2. The petitioners apprehend their arrest in connection with Goraul P.S. Case No. 212 of 2025 dated 22.04.2025 registered for the offence(s) punishable under Section(s) 191(2), 126(2), 115(2), 118(1), 117(2), 74, 303(2), 352, 351(2)of the BNS.
3. The main submissions advanced by the learned
2/4 counsel for the petitioners are that there is case and counter case in between both the parties and there is also a land dispute in between them, earlier on 18.02.2025 petitioner no.1 lodged a Goraul P.S. Case No. 72 of 2025 for the offences under Sections 126(2) 115(2), 118(1), 74, 303(2), 324(4), 329(4), 352, 351(2), and 3(5) of the BNS against one Umesh Sah and others including his entire family members and the FIR of the present matter was lodged only with an intention to create pressure on the petitioners and further in the entire FIR, no mens rea of the petitioners to commit the alleged occurrence has been revealed and the FIR has been registered against 16 persons including the petitioners. It is lastly submitted that against the petitioner Manju Devi there is no specific allegation.
4. On the other hand, Mr. Amresh Kumar Sinha , learned counsel appearing for the informant has vehemently opposed the bail prayer of the petitioners and submits that the petitioners and co-accused brutally assaulted the prosecution party, causing injuries to five persons out of whom, three sustained grievous injuries including one Sabita Devi upon whose body the petitioner no.2 sprinkled diluted hot sugar and in this regard, he has her injury report's copy with him.
5. Mr. Aditya Narayan Singh.1, learned APP for the
3/4 State has also opposed the bail prayer of the petitioners.
6. Considering the seriousness of the allegations appearing against the petitioner no.1 and 2 who allegedly assaulted the injured persons detailed in the FIR and petitioner no. 1 repeatedly assaulted the one injured namely, Rakesh Kumar and the petitioner no.2 allegedly sprinkled hot diluted sugar upon another injured person namely, Savita Devi, causing grievous burn injury and the case is under investigation, in my opinion both the petitioner no.1 (Rajesh Kumar) and petitioner no. 2 (Arti Gupta) do not deserve the privilege of anticipatory bail. Accordingly, their prayer stands rejected.
7. So far as the prayer of petitioner no.3 (Manju Devi), is concerned as she is a 70 year old and further in the FIR, there is no specific allegation against her, in my opinion, she deserves the relief of anticipatory bail. Accordingly, let the petitioner no. 3 (Manju Devi) in the event of her arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Goraul P.S. Case No. 212 of 2025 on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the
4/4 Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) Rajiv/- U T