Raju Kumar @ Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86304 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- DALMIYA NAGAR SAHAYAK District- Rohtas ====================================================== Raju Kumar @ Raja Kumar S/O Ramnath Mehta @ Ram Nath Singh R/O Village - Gajbor Bigha, Gangauli, P.S- Damianagar, Distt.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Singh, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP For informant :
Mr. Bipin Kumar , Advocate Mr. Ravi Kant , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-12-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103 and 3(5) of the B.N.S.. 3 . As per prosecution case, on the alleged date and time of occurrence, son of informant had gone to take bath at Ganguli Lakh where, on the instigation of co-accused Raja Kumar, all the eight F.I.R. named accused persons, including this petitioner, assaulted son of informant with lathi, danda and iron rod due to which, during course of treatment, son of informant died.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.86304 of 2025(2) dt.17-12-2025 2/3 that petitioner is quite innocent and has committed no offence. Informant is not an eye witness of the occurrence. As per F.I.R. 8 named accused persons including this petitioner assaulted son of informant, however, as per Postmortem only 2 injuries were found on the body of deceased which itself falsifies the entire prosecution case . As a matter of fact, after consuming liquor, son of informant fell into canal and sustained injuries and during course of treatment, he died. Similarly situated co-accused person, namely Badal Kumar, has already been granted bail by this Hon'ble Court vide order dated 02.12.2025 passed in Cr. Misc. No. 82843 of 2025. Moreover, charge-sheet has already been submitted. Petitioner claims clean antecedent and is in custody since 28.06.2025 .
5 . Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.86304 of 2025(2) dt.17-12-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, District- Rohtas in connection with Dalmianagar P.S. Case No. 137 of 2025 . (Prabhat Kumar Singh, J) Koushik/- U T