Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80243 of 2025 Arising Out of PS. Case No.-309 Year-2025 Thana- RAFIGANJ District- Aurangabad ====================================================== Raushan Kumar Son of Rampravesh Yadav, Resident of Village - Thawai, P.S.- Rafiganj, District - Aurangabad.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Rafiganj P.S. Case No. 309 of 2025 dated 29.06.2025, registered for the offences punishable under Sections 126(2), 115(2), 352, 109(1), 191(2), 191(3) and 190 of the B.N.S., 2023.

3. As per the prosecution case, petitioner and other co-accused persons assaulted the brother of the informant causing a number of injuries to him and the brother of the informant received 18 stitches.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The statement of the victim

Patna High Court CR. MISC. No.80243 of 2025(2) dt.01-12-2025 2/3 was recorded by the police and the victim named his assailants to be Dara @ Rakesh and one Afridi. The only allegation against the petitioner and the co-accused is that they caught hold of the brother of the informant. The allegation of assault is not against this petitioner and other allegations against him are general and omnibus. Learned counsel next submits that petitioner is having antecedent of two cases and he is on bail in both the cases. Learned counsel lastly submits that petitioner is in custody since 30.06.2025 and chargesheet has been submitted.

5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that there is no allegation of assault against this petitioner and further considering his period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad / concerned Court, in connection with Rafiganj P.S. Case No. 309 of 2025, subject to the condition

Patna High Court CR. MISC. No.80243 of 2025(2) dt.01-12-2025 3/3 laid down under Section 480(3) of the B.N.S.S. and other 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, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioner on single date 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) Shahnawaz/- U T