Bhupendra Rajak @ Sanjivan Ji @ Sajivan Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26220 of 2021 Arising Out of PS. Case No.-76 Year-2015 Thana- RAFIGANJ District- Aurangabad ====================================================== BHUPENDRA RAJAK @ SANJIVAN JI @ SAJIVAN BAITHA S/o Bilash Rajak @ Rambilas Rajak @ Bilash Baitha Resident of Village- Lapura, P.S.- Mufasil, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code, section 27 of the Arms Act and section 17 of the CLA Act.

As per the prosecution case, it is stated by the informant that on a dead body being discovered inquiries were made. It transpired that the accused persons including Tyagi Jee and the petitioner herein as also 20-22 others were seen taking away one person followed by sound of firing and the person was found murdered. It is further stated that they were raising slogan of 'Maoist Jindabad'.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.26220 of 2021(3) dt.21-12-2021 2/3 that the petitioner has been falsely implicated in the case at the instance of his enemies. No incriminating material has transpired against the petitioner in course of investigation. He is in custody since 10.7.2020 and the above named Tyagi Jee has been enlarged on bail vide order dated 7.4.2021 passed in Cr. Misc. No. 38472 of 2020.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including grant of bail to co-accused Tyagi Jee, the petitioner is directed to be enlarged on bail in connection with Rafiganj P.S. Case no. 76 of 2015 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XIV, Aurangabad (Bihar).

In view of the report of of the learned court below according to which trial has commenced and two witnesses have been examined on behalf of the prosecution, it is directed that the petitioner shall cooperate in the trial. He shall remain physically present in court on each date and in case of his absence on any date for reasons not to the satisfaction of the learned trial Court, the learned trial court may cancel the bail

Patna High Court CR. MISC. No.26220 of 2021(3) dt.21-12-2021 3/3 bond of the petitioner and take him into custody till conclusion of the trial.

(Partha Sarthy, J) Spd/- U T