Rajesh Kumar Singh @ Rajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41385 of 2021 Arising Out of PS. Case No.-272 Year-2020 Thana- JAMOBAZAR District- Siwan ====================================================== 1.

RAJESH KUMAR SINGH @ RAJESH SINGH Son of Baijnath Singh 2.

RAKESH KUMAR SINGH @ RAKESH SINGH @ GUDDU Son of Baijnath Singh Both are Resident of Village- Kalyanpur Madhubani, P.S.- Pipra Sindhwaliya, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 447,341,323,324,307,504,506,34 of the Indian Penal Code. In a free fight, both sides sustained injuries and both have lodged cases against each other. Petitioner No.1-Rajesh Kumar Singh @ Rajesh Singh caused injury to Jitendra with butt of the pistol.

Submission is that if petitioner No.1-Rajesh Kumar Singh @ Rajesh Singh would have intention to commit murder

Patna High Court CR. MISC. No.41385 of 2021(2) dt.15-12-2021 2/3 he would have used pistol instead of its butt. Petitioner No.2-Rakesh Kumar Singh @ Rakesh Singh @ Guddu allegedly caused injury with iron rod, however, the Doctor has found incised wound at the parietal region and swellings at the joint at the right elbow and left arm, which are inconsistent with the allegation against petitioner No.2-Rakesh Kumar Singh @ Rakesh Singh @ Guddu.

Considering the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Jamo Bazar P.S.Case No.272 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

Patna High Court CR. MISC. No.41385 of 2021(2) dt.15-12-2021 3/3 (c) The petitioners shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T