Raja Ray @ Raja Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1076 of 2025 Arising Out of PS. Case No.-538 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Raja Ray @ Raja Rai S/o- Late Ganga Ray Village- Roshi Ps- Bochaha DistMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Santosh Kumar, Advocate For the State :
Ms. Madhuri Lata, APP For the Informant :
Mr. Gyan Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2025 Heard Mr. Santosh Kumar, learned counsel appearing for the petitioner, Ms. Madhuri Lata, learned APP appearing for the State and Mr. Gyan Prakash, learned counsel appearing for the informant.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 342, 323, 324, 325, 307, 379 and 504 of the Indian Penal Code and later on, Section 302 of the Indian Penal Code was added.
3. As per prosecution case, it is alleged that on 21.11.2023 at about 4 PM, while informant was returning home from Muzaffarpur, on the way, this petitioner, along with other accused persons named in the F.I.R., surrounded him and started abusing. Upon protest, all the accused persons, including this
Patna High Court CR. MISC. No.1076 of 2025(2) dt.05-03-2025 2/3 petitioner, assaulted him with knife and iron rod causing internal as well as external injuries and also snatched cash and mobile phone. During course of treatment, informant succumbed to the injuries.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has falsely been implicated in this case due to land dispute between the parties for which a title suit bearing Title Suit No. 730 of 2014 is pending. There are general and omnibus allegation of assault against all the accused persons and there is no specific accusation of overt act against this petitioner. Charge-sheet has already been submitted and petitioner is in custody since 27.08.2024.
5. On the other hand, learned A.P.P. for the State and learned counsel appearing on behalf of informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that he, along with other accused person, assaulted informant as a result of which he received several injuries and later on, during course of treatment, succumbed to the injuries. Bare perusal of the injury report reveals that multiple injuries were sustained by the informant. It is further submitted that petitioner has got five criminal antecedents.
Patna High Court CR. MISC. No.1076 of 2025(2) dt.05-03-2025 3/3
6. Considering the aforesaid facts and circumstances of the case, specific and direct nature of accusation and criminal antecedents of the petitioner, the prayer for grant bail of to the petitioner is rejected.
(Prabhat Kumar Singh, J) shashank/- U T