Dharmendra Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5882 of 2024 Arising Out of PS. Case No.-347 Year-2021 Thana- SIRDALA District- Nawada ====================================================== Dharmendra Rajbanshi S/O Rajo Rajbanshi R/O Village- Nawadih Manjhauli, P.S- Sirdala, Distt.- Nawada.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the State :

Mr. Pranav Kumar, APP For the Informant : Ms. Kanchan Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Sirdala P.S. Case No.347 of 2021 registered under Sections 341, 323, 307, 504, 506/34 of the I.P.C.

3. It is alleged that the petitioner along with other accused persons assaulted the informant and her family members while they were working in their field.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is a land dispute between both the parties and there is a case and counter case. He further submits that similarly situated co-accused Mahendra Rajbanshi and Raju Rajbanshi

Patna High Court CR. MISC. No.5882 of 2024(2) dt.09-02-2024 2/2 have already been granted bail by a coordinate bench of this Court vide order dated 23.12.2022 passed in Cr.Misc.No.54895 of 2022. The petitioner has been languishing in custody since 21.08.2023 when he had surrendered himself before the court below. The petitioner has no criminal antecedent.

5. Learned A.P.P. and learned counsel for the informant oppose the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st, Class, Nawada in connection with Sirdala P.S. Case No.347 of 2021 subject to the following condition that:

(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(Sunil Dutta Mishra, J) Harish/- U T