Allowed¶22

Raja Kumar @ Randheer Kumar v. The State of Bihar

Patna HC3 Jun 2025CR. MISC./34355/2025

Case brief

AI extract

What is this about?

Patna HC Cr.Misc. No.34355 of 2025, order dt. 03-06-2025, Dr. Anshuman J — regular bail ALLOWED; Ahiyapur P.S. Case No.739/2024, Muzaffarpur; IPC Ss.147, 148, 149, 341, 323, 307, 302, 447, 504, 506; no allegation petitioner assaulted deceased; twin FIR No.863/2024 held mistake of law with final report submitted; suppression-of-facts objection rejected; bail bond Rs.30,000 under S.2(1)(d) BNSS 2023; conditions per S.480(3) BNSS; C.J.M. Muzaffarpur; custody since 13.12.2024.

What did the court decide?

Regular bail granted to the petitioner on furnishing bail bonds of Rs.30,000/- to the satisfaction of C.J.M., Muzaffarpur, in connection with Ahiyapur P.S. Case No. 739 of 2024, subject to conditions laid down under Section 480(3) of the BNSS. ¶22

Raja Kumar @ Randheer Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to regular bail in connection with Ahiyapur P.S. Case No. 739 of 2024, given that the FIR allegedly contains no allegation that he assaulted the deceased. +1 more

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Court's answer

In light of the allegations made in the FIR in which the petitioner seeks bail, there is no allegation whatsoever ('no whisper') that the petitioner assaulted the deceased; this absence of allegation against the petitioner for the fatal assault forms the basis for granting bail.

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Ratio / Principle

Two criminal cases were filed against the petitioner for the same date and place of occurrence — Ahiyapur P.S. Case No. 739 of 2024 lodged by the mother of the deceased and Ahiyapur P.S. Case No. 863 of 2024 lodged by the wife of the deceased; the latter was found during investigation to be a mistake of law with the final report submitted, a fact categorically discussed by the Sessions Court and acknowledged by the petitioner. Accordingly, the learned APP's contention of suppression of facts is not acceptable to this Court.

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Key takeaways

The petitioner is granted regular bail on furnishing bail bonds of Rs.30,000/- (as mentioned in Section 2(1)(d) of the BNSS, 2023) to the satisfaction of C.J.M., Muzaffarpur, in connection with Ahiyapur P.S. Case No. 739 of 2024, subject to conditions laid down under Section 480(3) of the BNSS.ratio¶22

Detailed headnote1 paragraphs

Bail — Regular bail ALLOWED. Patna High Court (Dr. Anshuman, J.), Criminal Miscellaneous No.34355 of 2025, order dated 03-06-2025, arising from Ahiyapur P.S. Case No.739 of 2024 (lodged 05.06.2024, District Muzaffarpur) under Sections 147, 148, 149, 341, 323, 307, 302, 447, 504 & 506 IPC. Grounds for grant: (i) the FIR contains 'no whisper' of any allegation that the petitioner assaulted the deceased — the allegation against him is confined to assaulting the informant's husband with an iron rod, while the fatal assault on the informant's son (who died during treatment) is attributed to other accused, namely Uday Rai and Bhutta Rai; (ii) the learned APP's objection of suppression of material facts was rejected because twin FIR Ahiyapur P.S. Case No.863 of 2024 (lodged by the wife of the deceased for the same date and place of occurrence) was found during investigation to be a mistake of law, the Investigating Officer having submitted the final report, a fact categorically discussed by the Sessions Court and acknowledged by the petitioner. Bail granted on bonds of Rs.30,000/- (Section 2(1)(d), BNSS 2023) to the satisfaction of C.J.M., Muzaffarpur, subject to conditions under Section 480(3) of the BNSS. Petitioner reported in custody since 13.12.2024 with clean antecedents.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34355 of 2025

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Arising Out of PS. Case No.-739 Year-2024 Thana- AHIYAPUR District- Muzaffarpur

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======================================================

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Raja Kumar @ Randheer Kumar S/O Chandeshwar Rai R/O VillageMustafapur, P.S-Ahiyapur, Dist- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 03-06-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 739 of 2024, lodged on 05.06.2024, under Sections 147, 148, 149, 341, 323, 307, 302, 447, 504 & 506 of the Indian Penal Code.

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As per the prosecution, FIR has been lodged against seven named and one unknown accused persons, including the present petitioner, with the allegation that the petitioner assaulted the informant’s husband with an iron rod, causing injury to his head. Further, there are specific allegations against other accused, namely Uday Rai and Bhutta Rai, for assaulting the informant’s son with an iron rod, who

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Patna High Court CR. MISC. No.34355 of 2025(2) dt.03-06-2025 2/4

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subsequently died during treatment.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that in the present FIR, in which he is seeking bail, there is no allegation against the petitioner that he assaulted the deceased, rather, the allegation is that the petitioner assaulted the father of the deceased. Counsel further submits that the petitioner has been in custody since 13.12.2024 and has a clean criminal antecedent. It is also submitted that two FIRs were lodged for the same date and place of occurrence. The first FIR was lodged by the mother of the deceased bearing Ahiyapur P.S. Case No. 739 of 2024, and the second FIR was lodged by the wife of the deceased bearing Ahiyapur P.S. Case No. 863 of 2024, which, during investigation, was found to be a mistake of law and the Investigating Officer has submitted the final report in that case. Counsel further submits that in the present FIR, there is no allegation against the petitioner for assaulting the informant’s son, therefore, he prays for regular bail for the petitioner.

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Learned APP for the State vehemently opposes the prayer for bail and submits that the petitioner’s pleadings are incorrect, as the petitioner himself has stated in his petition that

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Patna High Court CR. MISC. No.34355 of 2025(2) dt.03-06-2025 3/4

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another case, namely Ahiyapur P.S. Case No. 863 of 2024, has been registered against him. Therefore, learned APP submits that there is suppression of material facts by the petitioner.

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After hearing the parties, it transpires to this Court that two criminal cases were filed against the petitioner for the same date and place of occurrence, namely Ahiyapur P.S. Case No. 739 of 2024 lodged by the mother of the deceased, and Ahiyapur P.S. Case No. 863 of 2024 lodged by the wife of the deceased. The latter FIR was found, during investigation, to be a mistake of law and the Investigating Officer has submitted the final report accordingly. This fact has been categorically discussed by the Sessions Court in its order, as well as acknowledged by the petitioner. Therefore, the contention of the learned APP that there has been suppression of facts is not acceptable to this Court.

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In the present facts and circumstances of the case, and in light of the allegations made in the FIR in which the petitioner seeks bail, there is no whisper of any allegation that the petitioner assaulted the deceased. Therefore, the petitioner above named is hereby granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of

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Patna High Court CR. MISC. No.34355 of 2025(2) dt.03-06-2025 4/4

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C.J.M., Muzaffarpur, in connection with Ahiyapur P.S. Case No. 739 of 2024, subject to the following conditions as laid down under Section 480(3) of the BNSS.

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(Dr. Anshuman, J.)

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Aman Kumar/-

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U T

Raja Kumar @ Randheer Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raja Kumar @ Randheer Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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