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Patna High CourtCR. MISC./31398/2024bail granted

Rajdeo Prasad v. The State Of Bihar

2024-07-05Mr. Justice Arun Kumar Jha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31398 of 2024 Arising Out of PS. Case No.-415 Year-2023 Thana- DHANARUA District- Patna ====================================================== Rajdeo Prasad, Son of Late Devnandan Prasad, Resident of villageSigrampur, P.S.- Dhanarua, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Advocate For the State :

Mr.Shyam Kumar Singh, APP For the Informant :

Mr. Lallu Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. In the present case, the petitioner seeks bail in connection with Dhanarua P.S. Case No. 415 of 2023 registered for the alleged offences under Sections 341, 323, 307, 504/34 of the Indian Penal Code and subsequently added Section 302 of the Indian Penal Code.

3. As per prosecution case, the petitioner and other coaccused persons, in the background of land dispute, assaulted the informant and her mother and her father causing injury to them. Later on, the father of the informant succumbed to his injuries.

4. The learned counsel for the petitioner submits that

2/4 the petitioner is innocent and has been falsely implicated in this case. Admittedly, the land dispute is admitted. The FIR has been registered after a delay of one day for which there is no satisfactory explanation. It also appears that the deceased forcibly tried to plough the land belonging to the family of the petitioner. In this background, the occurrence took place and from the contents of the FIR, it appears that the allegation of assault on the head of the father of the informant is against coaccused Chandan Kumar. Only a vague allegation is there against co-accused Dipak and this petitioner that they hit on the left thigh of the father of the informant, but there is no such injury. From the FIR, it also appears that other persons also received injuries, but no such injury reports have been brought on record.

The learned counsel further submits that post mortem report of the deceased shows one external injury in the middle of forehead of sizable dimension and other injury is lacerated wound on left big toe of superficial dimension. The learned counsel further submits that the petitioner is an old man and he is in custody since 02.11.2023. The charge sheet has been submitted in this case.

5. Learned APP as well as learned counsel for the informant oppose the submission made on behalf of the

3/4 petitioner. Learned counsel for the informant submits that there is allegation against this petitioner for assaulting the deceased along with other co-accused persons. The petitioner is also having criminal antecedent of three cases and the co-accused Chandan Kumar has been absconding in this case.

6. At this stage, learned counsel for the petitioner submits that in one of the cases, the petitioner has been acquitted and in two other cases, he is on bail.

7. Having regard to the facts and circumstances and submissions made hereinabove and considering the doubtful nature of allegation against the petitioner and further considering the submission of charge sheet and the period of custody of the petitioner, he is directed to 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 learned Judicial Magistrate-1st Class, Masaurhi, Patna, in connection with Dhanarua P.S. Case No. 415 of 2023, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on

4/4 each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T