Sarjun Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73658 of 2018 Arising Out of PS. Case No.-181 Year-2018 Thana- SIRDALA District- Nawada ====================================================== Sarjun Rajbanshi, S/o Late Chando Rajbanshi, resident of VillageKharaundh, Turiya Tola, P.S.- Sirdala, District- Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Subodh Kumar, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh- 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,324,325,307,379/34 of the Indian Penal Code. The prosecution case as per the written report dated 12.06.2018 submitted by Ramchandra Turiya to the effect that on the same day, while the informant was sitting near his house, co-accused, Mauli Rajbanhi started playing music in high volume. On protest being made, five accused persons, including the petitioner, assaulted the informant with an axe. It is further alleged that co-accused, Mauli Rajbanshi assaulted on the head of the son of the informant namely Jitendra Turiya with an axe and thereafter, the accused persons

Patna High Court Cr.Misc. No.73658 of 2018(2) dt.20-12-2018 2/3 took away Rs.25,000/- and ornaments contained in a box in the house.

It is submitted by learned counsel for the petitioner that the specific accusation of assault has not been levelled against the petitioner in the FIR. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that there is specific accusation of assault against the informant and his son. Considering the specific accusation of assault being not levelled against the petitioner, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-V, Nawada, in connection with Sirdala P.S. Case No.181/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/-

Patna High Court Cr.Misc. No.73658 of 2018(2) dt.20-12-2018 3/3 U T