Harsh Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23312 of 2025 Arising Out of PS. Case No.-371 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Harsh Raj S/O Arvind Das @ Arvind Kumar Das R/O Vill.- Chakbijgani, P.S.- Hajipur Sadar, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashish Kumar Ranjan, Advocate For the State :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-05-2025 Heard Mr. Ashish Kumar Ranjan, learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Hajipur Sadar P.S. Case No. 371 of 2024 for the offence under Sections 341, 323, 324 and 307 of the Indian Penal Code and section 27 of the Arms Act, lodged on 08.06.2024 by the informant, Raghu Rai.
3. As per the prosecution story, the informant alleged that an altercation took place between his son, Raushan Kumar and this petitioner on the issue of mobile. Thereafter, he came alongwith two dozen people to assault the informant side. As the villager intervened and send him back, he again came with one Arvind Das on a motorcycle with half a dozen people and
2/5 opened fire. As the locals assembled, they escaped and the empty cartridges were recovered by the Police. This led to the F.I.R.
4. Learned counsel for the petitioner submits that he is 19 years old, student and only due to village enmity, implicated. He further submits that if granted relief, the petitioner is ready to do the social service to show his bonafide.
5. Mr. Jitendra Kumar Singh, learned APP opposes the prayer for bail submitting that despite being a teenager, the petitioner after an altercation, came to assault, though the villagers returned him, he again came and opened fire as such, he does not deserve relief.
6. Considering the submissions, the kind of allegation that has come against this petitioner, certainly, this Court was not in a mood to grant him relief. However, considering the fact that he is only 19 years of age and putting him behind bar may ruin his future once he comes in contact with the dreaded criminals, to save him and to make him believe that he has a long future ahead, this Court is inclined to extend him the privilege of anticipatory bail with conditions: (i) he shall be visiting the Hajipur Sadar Police
3/5 Station every Saturday and Sunday for the month of May, 2025 for two hours in the morning to clean the campus. This he will have to continue for four weeks whereafter he will plant a sapling in the said Police Station campus and the details of his attendance as also the photograph of planting sapling in the campus be provided by the SHO, Hajipur Sadar Police Station through Mr. Jitendra Kumar Singh, learned APP on postal address and/or the whatsapp number provided by the learned APP for the perusal of the Court.
(ii) he shall also be doing service/cleaning/arranging of the books in the library of the College he is attending i.e. Diamond I.T.I. College, Chandralay, Hajipur every Monday for the entire month of May, 2025 for two hours and at the end of the said cleaning/arranging of the books, the Librarian shall be providing the attendance sheet of this petitioner to the Court through Mr. Jitendra Kumar Singh, learned APP on his postal address/whatsapp number.
7. It is made clear that if the petitioner fails to abide by the conditions incorporated in the order and reports of the SHO and Librarian show that he failed to visit the Police Station/Library, appropriate steps may be taken against him for the cancellation of the bail bond.
4/5
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, 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, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 371 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
5/5 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.
9. List this case on 04.07.2025 under the heading 'To Be Mentioned' to peruse the report submitted by Mr. Jitendra Kumar Singh, learned APP whose name be appear in the cause list.
(Rajiv Roy, J) vinayak/- U T