Rajesh Hari @ Rajesh Harih v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88990 of 2024 Arising Out of PS. Case No.-444 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== Rajesh Hari @ Rajesh Harih Son of Late Sanichar Hari Village -zafarbagh Dhobi tola Purnia City ward no 34, police station- Sadar ,District -Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Singh, Adv For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sadar P.S. Case No. 444 of 2024 dated 09.08.2024 registered for the offences punishable under Sections 191(2), 126(2), 115(2), 118(1), 109 of the Bhartiya Nyaya Sanhita.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted Suraj Rajak (son of the informant). The co-accused Sunny Hari caught hold of the informant's son and the co-accused Deepak Hari stabbed knife in his stomach due to which he fell down and sustained severe injury. On being opposed, all the accused persons started

Patna High Court CR. MISC. No.88990 of 2024(2) dt.19-02-2025 2/3 assaulting the informant and his family members and on hulla, the villagers came and save their life and somehow took Suraj Rajak to Sadar Hospital, Purnia and from where he was referred to Bhagalpur and due to critical condition he died on the way.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that the specific allegation is against the co-accused Deepak Hari. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnia in connection with Sadar P.S. Case No. 444 of 2024, with a condition/s:-

Patna High Court CR. MISC. No.88990 of 2024(2) dt.19-02-2025 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T