Allowed¶20

Raj Kumar @ Raj Kumar Badhai v. The State of Bihar

Patna HC9 Sept 2025CR. MISC./61798/2025

Case brief

AI extract

What is this about?

Bail granted — Patna High Court, Cr. Misc. No. 61798 of 2025, order dated 09-09-2025, Ashok Kumar Pandey, J. Raj Kumar @ Raj Kumar Badhai v. The State of Bihar; arising out of Salkhua (Banma Itahari O.P.) P.S. Case No. 301 of 2023, District Saharsa; offences under IPC Sections 341, 323, 324, 307, 379, 302 and 34; fatal assault on informant's wife (died during treatment); defence: no specific overt act, member of mob, no criminal antecedent, custody since 21.09.2023; bail bond Rs. 10,000 with two like sureties before District and Additional Sessions Judge-IV, Saharsa.

What did the court decide?

Regular bail granted; petitioner to be released on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the District and Additional Sessions Judge-IV, Saharsa. ¶20

Raj Kumar @ Raj Kumar Badhai 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, arrayed in a case registered under Sections 341, 323, 324, 307, 379, 302 and 34 IPC concerning a fatal assault on the informant's wife, is entitled to regular bail notwithstanding the absence of any specific overt act attributed to him in the FIR and his judicial custody since 21.09.2023.

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Court's answer

Having heard learned counsel for the parties and considered the facts and circumstances of the case, the Court was inclined to enlarge the petitioner on bail.

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Ratio / Principle

The petitioner was directed to be released on bail in connection with Salkhua (Banma Itahari O.P.) P.S. Case No. 301 of 2023 on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the District and Additional Sessions Judge-IV, Saharsa.

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Detailed headnote1 paragraphs

Patna High Court (Ashok Kumar Pandey, J.), by order dated 09-09-2025 in Criminal Miscellaneous No. 61798 of 2025, allowed a regular-bail application arising out of Salkhua (Banma Itahari O.P.) P.S. Case No. 301 of 2023, District Saharsa, registered under Sections 341, 323, 324, 307, 379, 302 and 34 of the Indian Penal Code. The prosecution alleged that the petitioner, along with Prince Badhai, Uttam Badhai and Pradip Badhai and other family members, assaulted the informant's wife, who died during treatment, and that her jewellery was taken. Counsel for the petitioner submitted that the FIR disclosed no specific overt act against him, that he was merely a member of the mob, that he had no criminal antecedent, and that he had been in judicial custody since 21.09.2023; the learned APP opposed, citing the death of the victim and the allegation of assaulting against the petitioner. Considering the facts and circumstances, the Court enlarged the petitioner on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the District and Additional Sessions Judge-IV, Saharsa.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61798 of 2025

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Arising Out of PS. Case No.-301 Year-2023 Thana- SALAKHUA District- Saharsa

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

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Raj Kumar @ Raj Kumar Badhai S/O Uttam Badhai R/O Village- Pahlam, Ward No.13, P.O- Paharpur, P.S- Salkhua (Banma Itahari O.P.) at present P.SBanma Itahari, Dist.- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 09-09-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 379, 302 and 34 of the Indian Penal Code.

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The case of the prosecution is that as the wife of the informant reached near the house of accused Uttam Badhai, the petitioner along with others chased her for assaulting. It is further alleged that Prince Badhai, Uttam Badhai and Pradip Badhai assaulted her with bricks, pasula and iron rod respectively. It is also alleged that other family members assaulted her with slaps and fists and took her

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Patna High Court CR. MISC. No.61798 of 2025(2) dt.09-09-2025 2/3

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jewellery.

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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 from perusal of the FIR, it is clear that the specific allegation is against Prince Badhai, Pradip and Uttam. The petitioner is only the member of mob. As per FIR, there is no specific overt act against him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.09.2023.

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Learned APP appearing for the State has vehemently opposed the prayer of regular bail stating that the wife of the informant died during treatment and there is allegation against this petitioner as well of assaulting.

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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 Salkhua (Banma Itahari O.P.) P.S. Case No. 301 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

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Patna High Court CR. MISC. No.61798 of 2025(2) dt.09-09-2025 3/3

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District and Additional Sessions Judge-IV, Saharsa.

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(Ashok Kumar Pandey, J)

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Shubham/- U T

Raj Kumar @ Raj Kumar Badhai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raj Kumar @ Raj Kumar Badhai 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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