Sanjay Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51764 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -CHANDAUTI District- GAYA ====================================================== Sanjay Rajak S/o Dhajju Rajak, R/o Mohalla- Magadh Colony Road No.1, P.S.- Chandauti, District- Gaya. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Anjani Kumar Sinha For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Chandauti P.S. Case No. 99 of 2017 registered under Sections 341, 323, 325, 379 and 307/34 of the Indian Penal Code.

As per the prosecution case, the petitioner along with two other accused persons are said to have assaulted the informant by means of iron rod. Petitioner is also said to have assaulted the wife of the informant by means of rod. It is submitted by learned counsel for the petitioner that allegation of assaulting the informant against the petitioner is general and omnibus in nature. He has been falsely implicated in this case due to domestic dispute and previous animosity and several cases regarding land dispute is pending between them in

Patna High Court Cr.Misc. No.51764 of 2017 (03) dt.21-12-2017 - 2 - Civil Court, Gaya. All the injuries sustained by the informant is simple in nature caused by hard and blunt substance while the wife of the informant has sustained one grievous injury on non vital part (below the left elbow) while two other injuries are simple in nature. The petitioner has been languishing in custody since 15.07.2017.

On the other hand, learned A.P.P. and learned counsel for the informant have submitted that the petitioner is an arrogant and brutally assaulted his father and mother by means of rod inflicting grievous injury to them.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya in connection with Chandauti P.S. Case No.99 of 2017, subject to condition that the petitioner will not tamper with the evidence and extend any sort of threatening to the informant, family members and the witnesses. (Prakash Chandra Jaiswal, J) Trivedi/- U T