Shiv Ratan Rajak v. The State Of Bihar

Patna High Court Cr.Misc. No.60854 of 2018 (2) dt.10-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60854 of 2018 Arising Out of PS.Case No. -237 Year- 2018 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Shiv Ratan Rajak, Son of Late Prabhu Rajak, Resident of Mohalla- Devi Colony, Badi Pahari, Police Station- Laheri, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nasim Yahya For the Opposite Party/s : Mr. Anand Kishor Chaudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2018 The petitioner seeks regular bail in connection with Laheri P.S. Case No. 237 of 2018, registered for offences punishable under Sections 307, 353, 387, 504, 506/34 of the Indian Penal Code.

Allegation as per F.I.R that when the police went to the house of petitioner to arrest his son, he assaulted the police (informant) by means of sword.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and from the F.I.R. itself, it is evident that none has received any injury. Further petitioner is a Government servant and has been in judicial custody since 21.08.2018.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.60854 of 2018 (2) dt.10-10-2018 Considering the aforementioned facts and circumstances, the period of custody and also that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Laheri P.S. Case No. 237 of 2018, with 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) 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 (Vinod Kumar Sinha, J) sunil/- U T