Rajesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72658 of 2025 Arising Out of PS. Case No.-172 Year-2025 Thana- PANCHRUKHI District- Siwan ====================================================== Rajesh Singh S/O Late Harendra Singh R/O Village- Chanp Tole Teghara, P.S- Sahayak Sarai, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Prasad, Advocate For the Opposite Party/s :
Ms. Anita Kumari, APP For the Informant :
Mr. Satyendra Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.
02. In the present case, the petitioner seeks bail in connection with Panchrukhi (Sarai) P.S. Case No. 172 of 2025 registered for the alleged offences under Sections 126(2), 115(2), 118(1), 109, 324(3), 303(2), 74, 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, co-accused persons, in inebriated condition making an unlawful assembly and armed with various weapons, entered into the house of the informant and assaulted the informant and his family members. They also tried to outrage the modesty of the minor daughter of the informant. Subsequently, the petitioner came and handed over a
2/4 country made katta and garasa to co-accused Abhishek Singh and thereafter, there is allegation that the petitioner and coaccused assaulted the informant and others with rod.
04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and this fact is apparent from the injury report of the victim. The injury report of the informant shows only simple injuries and one injury is lacerated wound of skull occipital region of size 1.5"x 1" and other injuries are pain on left thigh and pain and swelling over left shoulder. Similarly the injury report of another victim shows a lacerated wound of forehead of size 1.5"x 1" and pain and swelling over both elbow. Learned counsel further submits that altogether 11 persons assaulted the informant and his family members but there is no supportive injury. Learned counsel further submits that, moreover, the allegations are mostly non-specific and general. The co-accused having similar type of allegation has been granted bail by a Coordinate Bench vide order dated 19.08.2025 passed in Criminal Misc. No. 56551 of 2025. The petitioner has got clean antecedent. The petitioner is in custody since 15.04.2025 and charge-sheet has been submitted.
05. Learned APP for the State as well as learned
3/4 counsel appearing on behalf of the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that there is specific allegation against the petitioner for assaulting the informant with iron rod and there is corroborative injury report.
06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-serious nature of injury and further considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to 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 learned Additional Chief Judicial Magistrate-IX, Siwan/court concerned in connection with Panchrukhi (Sarai) P.S. Case No. 172 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
4/4 or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Ashish/- U T