Rajib Kumar Singh @ Rajiv Kumar Singh @ Raiji @ Rajiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63394 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -CHAUTHAM District- KHAGARIA ======================================================
1. Rajib Kumar Singh @ Rajiv Kumar Singh @ Raiji @ Rajiv Kumar, son of Suresh Singh, resident of Village- Sonbarsa, P.S.- Chautham, DistrictKhagaria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anant Kumar-1 For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Chautham P.S. Case No.130 of 2017 registered for the offences punishable under Sections 147, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code.
As per allegation this petitioner and seven others came at the house of informant and assaulted her and her family members.
It has been submitted that the there is case and counter case due to land dispute in which both sides sustained injuries. The allegation of assault is omnibus. The co-accused Jayant Kumar Singh and Sanjiv Kumar Singh have been allowed bail by
Patna High Court Cr.Misc. No.63394 of 2017 (2) dt.15-01-2018 one of the coordinate Bench of this Court in Cr.Misc.No.60643 of 2017 on 21.12.2017. The case of the petitioner stands on similar footing. The petitioner is in custody since 10.10.2017. The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Chautham P.S. Case No.130 of 2017 (G.R. No.1978 of 2017), subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U