Raja Kumar @ Prashant Raj @ Raja Pandit Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Raja Kumar @ Prashant Raj @ Raja Pandit Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail: release on bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, on condition that the petitioner will not indulge in similar nature of offence in future.

Issue for consideration

Whether the petitioner, booked in Hajipur Sadar PS Case No. 789 of 2024 for an offence under section 309(4) of the Bhartiya Nyaya Sanhita, 2023, should be enlarged on regular bail.

Court's answer

After hearing learned counsel for the parties and considering the facts and circumstances of the case, the court was inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner is directed to be released on bail in Hajipur Sadar P.S. Case No. 789 of 2024 on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

Key takeaways

Bail is granted with the condition that the petitioner will not indulge in similar nature of offence in future.ratio¶20

Detailed headnote1 paragraphs

Patna High Court (Ashok Kumar Pandey, J), in Cr. Misc. No. 41316 of 2025 arising out of Hajipur Sadar PS Case No. 789 of 2024 (Vaishali), allowed regular bail to the petitioner (Raja Kumar @ Prashant Raj @ Raja Pandit), booked under section 309(4) of the Bhartiya Nyaya Sanhita, 2023, for an incident in which three persons on a bike allegedly intercepted the informant near Bangla Asthan and, on gun point, took away his bike, a mobile and Rs. 2,000/-. The petitioner was not named in the FIR; he was named during investigation by one Banti Kumar, nothing was recovered from his possession, and he was in judicial custody since 13.12.2024. Though the APP opposed bail citing criminal antecedents of nine cases, the court enlarged the petitioner on a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the CJM, Vaishali at Hajipur, conditioning bail on the petitioner not indulging in similar offences in future.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41316 of 2025

Arising Out of PS. Case No.-789 Year-2024 Thana- HAJIPUR SADAR District- Vaishali

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

Raja Kumar @ Prashant Raj @ Raja Pandit Son of Bablu Jha @ Ganesh Jha @ Rajesh Kumar Jha Resident of village - Shubhai, P.S.- Hajipur Sadar, District - Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Shivjee Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

3 20-08-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 309(4) of the Bhartiya Nyaya Sanhita, 2023.

The case of the prosecution is that the informant was returning on his bike as he reached near Bangla Asthan , three persons on a bike intercepted him and on gun point, took away his bike along with a mobile and Rs. 2,000/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that the petitioner is not named in FIR.

Patna High Court CR. MISC. No.41316 of 2025(3) dt.20-08-2025 2/2

During course of investigation, one Banti Kumar was apprehended who has named this petitioner. Nothing has been recovered from the possession of the petitioner. Moreover, he is languishing in judicial custody since 13.12.2024.

Learned APP appearing for the State has opposed the prayer of regular bail and submitted that petitioner is having criminal antecedent of nine cases.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 789 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur with a condition that the petitioner will not indulge in similar nature of offence in future.

(Ashok Kumar Pandey, J)

Shubham/-

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