Anil Rajak @ Anil Kumar Baitha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19267 of 2024 Arising Out of PS. Case No.-463 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Anil Rajak @ Anil Kumar Baitha Son of Ganesh Rajak Resident of vill.- Barisawan, P.S.-Shahpur, Distt.-Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Ataul Haque, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 504 and 307 of the Indian Penal Code.
3. Petitioners along with other co-accused are said to have come to the house of the informant and assaulted him by means of iron rod and lathi.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Similarly situated co-accused, namely, Ravindra Rajak and others have been enlarged on bail by a co-ordinate bench
Patna High Court CR. MISC. No.19267 of 2024(2) dt.02-04-2024 2/3 of this court vide order dated 07.02.2024 passed in Cr. Misc. No. 3405 of 2024. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Shahpur P.S. Case No. 463 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and also the 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 their absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (ii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
Patna High Court CR. MISC. No.19267 of 2024(2) dt.02-04-2024 3/3 (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 criminal antecedent, the Court below shall taken step for 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.
(Anjani Kumar Sharan, J) Trivedi/- U