Rajesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34829 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- MALAYPUR District- Jamui ====================================================== Rajesh Singh Son Of Late Gobardhan Singh R/O Village- Gadi Katauna, P.S.- Malaypur, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 30-05-2024 Heard Mr. Chandra Shekhar Anand, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Malaypur P.S. Case No. 13 of 2024, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 427 of the Indian Penal Code.
3. Allegedly while the informant was in his house, in the mean time all the FIR named accused persons along with 15-20 unknown persons armed with weapons came there and subsequently co-accused Ranjay Singh put the paddy straw of Pankaj Yadav on fire. It is further alleged that when the informant protested, the petitioner assaulted him by means of butt of pistol due to which he sustained head injury. Further
Patna High Court CR. MISC. No.34829 of 2024(2) dt.30-05-2024 2/3 allegation of pelting stone and snatching an amount of Rs. 1,000/- has also been levelled against the accused persons.
4. Learned counsel appearing on behalf of the petitioner contended that in fact on account of a free fight on the pretext of playing vulgar song on DJ, both the parties entered into a scuffle resulting into injuries to persons of both the sides. However, only on account of village politics, the name of the petitioner has been implicated in this case with specific allegation. Moreover, the injury allegedly sustained to the informant is concerned, the same has been found to be simple in nature as is evident from the impugned order. Further contention has been made that the petitioner has though one criminal antecedent but the same was instituted by the patidar and he is on bail. The petitioner undertakes that he will fully cooperate in the investigation and the proceeding of the Court and will not indulge in such type of activities in future.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the simple nature of injury and the genesis of the occurrence as it appears from the Annexure P/2, let the petitioner above named be released on
Patna High Court CR. MISC. No.34829 of 2024(2) dt.30-05-2024 3/3 bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui or concern court in connection with Malaypur P.S. Case No. 13 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) supratim/- U T