Ravi Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25182 of 2023 Arising Out of PS. Case No.-391 Year-2022 Thana- SIMRI District- Buxar ====================================================== 1.

Ravi Rajak Son Of Bhikhari Rajak R/V- Manikpur, Ps- Simari, Dist- Buxar 2.

Munna Rajak Son Of Bhikhari Rajak R/V- Manikpur, Ps- Simari, DistBuxar 3.

Anjani Rajak Son Of Bhikhari Rajak R/V- Manikpur, Ps- Simari, DistBuxar 4.

Sona Devi Wife Of Bhikhari Rajak R/V- Manikpur, Ps- Simari, Dist- Buxar 5.

Bhikhari Rajak Son Of Saryu Dhobi R/V- Manikpur, Ps- Simari, Dist- Buxar 6.

Shivji Rajak @ Shivji Dhobi Son Of Saryu Dhobi R/V- Manikpur, PsSimari, Dist- Buxar ... ... Petitiones

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar Singh, Advocate For the Opposite Party/s :

Ms/Mrs. Suman Kumari Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 307/302/34 and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including the petitioners were making construction on the disputed land and on protest, all the accused persons assaulted the informant side causing death of brother of the informant.

Patna High Court CR. MISC. No.25182 of 2023(3) dt.13-07-2023 2/2

4. It is submitted on behalf of the petitioners that allegation of assault is general against these petitioners and specific allegation of assault by iron dhurmus on the head of the victim causing his death is against co-accused Raja Rajak. Police after investigation submitted final form against the petitioners but the Court below differing with the same took cognizance of the offence. Petitioners claim clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in Simri(Hata OP) Police Station Case No. 391 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T