Raj Kumar Das @ Raj KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38822 of 2026
                   Arising Out of PS. Case No.-174 Year-2024 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Raj Kumar Das @ Raj Kumar Son of Nathuni Das @ Natho Das Resident of
                 village - Sakhmohan, Ward No.- 11, Police Station - Bibhutipur, District -
                 Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar Kunwar, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   02-07-2026                        Heard Mr.Shashank Shekhar Kunwar, learned

                   counsel for the petitioner and Mr.Sanjay Kumar Sharma, learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Bibhutipur P.S.Case No.174 of 2024,FIR dated

                   13.06.2024 registered for the offences punishable under

                   Sections 147, 148, 149, 341, 342, 354, 323, 324, 307, 302 of

                   IPC, 1860.

                                3. As per the prosecution case, the informant alleged

                   that on 12.06.2024 at about 12 O’Clock due to dispute the

                   petitioner alongwith other co-accused persons entered in her

                   room and assaulted her and her husband, due to which her

                   husband died.
Patna High Court CR. MISC. No.38822 of 2026(2) dt.02-07-2026
                                            2/4




                       4. Learned counsel for the petitioner submits that the

          petitioner has clean antecedent. It appears from the FIR that due

          to some dispute, the present occurrence has taken place. There is

          case and counter case. Although the petitioner is named the FIR

          but from a bare perusal of the FIR it appears that there is no

          specific allegation of any assault or overt-act attributed against

          the petitioner rather there is general and omnibus allegation

          against all the accused persons including the petitioner.

          Similarly situated co-accused persons,namely, Jay Mangali Devi

          and Chhoti Devi, have been granted privilege of anticipatory

          bail by a Co-ordinate Bench of this Hon’ble Court vide order

          dated 08.05.2025 passed in Cr. Misc. No.87766 of 2024 and

          several other co-accused persons have been granted privilege of

          anticipatory bail by this Court vide order at Annexure-P/4 of the

          bail petition.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent, there is no specific allegation of any assault or

          overt-act attributed against the petitioner, there is case and

          counter case and several other co-accused persons have been

          granted privilege of anticipatory bail by this Court or by a
Patna High Court CR. MISC. No.38822 of 2026(2) dt.02-07-2026
                                            3/4




          Coordinate Bench of this Hon’ble Court, let the petitioner,

          above named, in the event of his arrest or surrender before the

          court below within a period of thirty days from the date of

          receipt of the order, be released on bail on furnishing bail bond

          of Rs.10,000 (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned S.D.J.M., Rosera,

          Samastipur in connection with Bibhutipur P.S.Case No.174 of

          2024, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure/Section 482(2) of the

          BNSS,2023 and with other following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (III) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage, it is found that the petitioner has concealed his/her

          criminal antecedent, the court below shall take step for
               Patna High Court CR. MISC. No.38822 of 2026(2) dt.02-07-2026
                                                           4/4




                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T