Raushan Sharma @ Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81099 of 2025 Arising Out of PS. Case No.-595 Year-2024 Thana- KHAGARIA District- Khagaria ====================================================== Raushan Sharma @ Raushan Kumar Son of Late Radhe Sharma, Resident of Village- Bhadas Uttari, P.S.- Gangaur, District- Khagaria. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-12-2025 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 Khagaria P.S. Case No. 595 of 2024 dated 27.12.2024, registered for the offences punishable under Sections 126(2), 115(2), 109, 352 and 351(2) read with Section 3(5) of the B.N.S., 2023. Later on Section 103 of the B.N.S., 2023 was also added.
3. As per the prosecution case, petitioner and other co-accused persons assaulted the brother of the informant by means of iron-rod, fists and legs. While running away, this petitioner opened fire in air.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in the present case. From the FIR it is clear that there is general
Patna High Court CR. MISC. No.81099 of 2025(2) dt.02-12-2025 2/3 and omnibus allegation against this petitioner. The allegation of assaulting the brother of the informant by means of iron-rod on his head is against co-acccused Rakesh Sharma. There is counter version and Khagaria P.S. Case No. 596 of 2024 has been filed by the wife of this petitioner against the informant and others, as in the assault by the informant's side, this petitioner received two injuries and one such injury is greivous in nature. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 16.09.2025.
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 submission of chargesheet, period of custody of this petitioner and also his clean antecedent, 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 Judicial Magistrate 1st Class, Khagaria / concerned Court, in connection with Khagaria P.S. Case No. 595 of 2024, subject to the
Patna High Court CR. MISC. No.81099 of 2025(2) dt.02-12-2025 3/3 condition 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