Vikash Rajak @ Bhikhari Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18228 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Vikash Rajak @ Bhikhari Rajak S/o Late Ganga Rajak Resident of MohallaDhobi Tola, Aliganj, P.S.- Mojahidpur, Distt- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-06-2020 The matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner seeks bail in Mojahidpur ( Babarganj) P.S. case No. 124 of 2019, instituted for the offence under Sections 341,323, 307 and 504/34 of the IPC and Section 27 of the Arms Act.

The allegation against the petitioner is that he has opened fire on the informant. The informant has sustained a splinter

Patna High Court CR. MISC. No.18228 of 2020(2) dt.05-06-2020 2/3 injury.

Petitioner's counsel submits that the informant runs a tea stall. The petitioner was having tea at the stall when the scuffle took place. The petitioner has been implicated in the instant case only due to the fact that he bears criminal antecedents, though the firing was done by someone else at the tea stall. The petitioner, on basis of such allegations, is in custody since 07.09.2019. The injury sustained by the informant is not a grievous injury.

The learned counsel for the State opposed the prayer for bail.

Considering the rival this Court is inclined to allow the petitioner's prayer for bail.

Accordingly, let the petitioner, above named, be released 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 4th Additional Sessions Judge, Bhagalpur, in connection with Mojahidpur ( Babarganj) P.S. case No. 124 of 2019, S.T. No. 738 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to

Patna High Court CR. MISC. No.18228 of 2020(2) dt.05-06-2020 3/3 inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T