Patna High CourtCR. MISC./64566/2025bail granted

Raj Kumar @ Raja Kumar v. The State Of Bihar

2025-09-17Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64566 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- RAMNAGAR District- West Champaran ====================================================== Raj Kumar @ Raja Kumar S/o Late Sita Ram Resident of VillageGobarahiya, P.S.- Valmiki Nagar, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64757 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- RAMNAGAR District- West Champaran ====================================================== Sakuntala Devi W/o Sita Ram Resident of Village - Bela Gola Harijan Toli, P.S - Ram Nagar, District - West Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 64566 of 2025) For the Petitioner/s :

Mr. Prithvi Nath Mishra For the Opposite Party/s :

Mr. Anant Kumar 1 (In CRIMINAL MISCELLANEOUS No. 64757 of 2025) For the Petitioner/s :

Mr. Prithvi Nath Mishra For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-09-2025

1. Both these bail applications relate to the same F.I.R. hence are taken up together and decided by this common order.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. The petitioners seek regular bail in connection with Ram Nagar P.S. Case No. 22 of 2025 dated 11.01.2025 registered for the offences punishable under Section(s) 191(2),

Patna High Court CR. MISC. No.64566 of 2025(2) dt.17-09-2025 2/3 191 (3), 190, 329(3), 126(2), 115(2), 103(2), 351(2) and 352 of the B.N.S.

4. The main submissions advanced by the petitioners' counsel are that the F.I.R. has been registered against nine accused persons including these petitioners, there are two parts of the alleged occurrence, in the first part of alleged occurrence, the petitioner Raja Kumar Ram is alleged to have assaulted on the face of the informant's brother by using a bat and the said injured sustained only one injury which has been medically opined as simple in nature and the second part relates to the alleged assault with the son of the informant resulting in his death, but against both the petitioners, there is no specific allegation in the commission of death by assault. it is further submitted that the said occurrence took place on 03.09.2024 and thereafter the deceased remained under treatment till 10.10.

2024 and as per his postmortem report discussed in the order impugned, his cause of death was opined as cardio-respiratory arrest due to chronic disabilities, so the alleged assault committed with the deceased was not the direct reason for his death and the F.I.R. was registered four months after the commission of the alleged occurrence.

Patna High Court CR. MISC. No.64566 of 2025(2) dt.17-09-2025 3/3 petitioner Sakuntala Devi, in Cr. Miscellaneous No. 64757 of 2025 is a lady who has been languishing in jail since 25.05.2025, co-accused, namely, Mala Devi carrying similar nature of allegation has been granted bail by the coordinate bench of this Court vide order dated 30.07.2025 passed in Cr. Miscellaneous No. 47349 of 2025.

5. Learned APP appearing for the State has opposed the bail prayer of the petitioners.

6. Considering the aforesaid submissions and mainly the nature of the allegation against the petitioners, the completion of investigation against them, one similarly situated co-accused mentioned above has been granted bail by a coordinate Bench of this Court and coupled with the petitioners' custody period, this court is inclined to release them on bail. Accordingly, let the petitioners named-above be enlarged on bail in connection with Ram Nagar P.S. Case No. 22 of 2025, on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court Concerned.

(Shailendra Singh, J) Ranjeet/- U T