Pintu Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32972 of 2022 Arising Out of PS. Case No.-819 Year-2021 Thana- NAWADA District- Nawada ====================================================== 1.

PINTU RAJAK S/o Rajo Rajak @ Rajendra Rajak R/o village- Shivnagar Choudhary Tolal, P.S.- Nawada, District- Nawada 2.

Mugal Choudhary S/o Mangru Choudhary R/o village- Shivnagar Choudhary Tolal, P.S.- Nawada, District- Nawada 3.

Vikash Kumar @ Tigar S/o Late Anil Choudhary R/o village- Shivnagar Choudhary Tolal, P.S.- Nawada, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-11-2022 At the outset, It is submitted by learned counsel for the petitioners that he seeks permission to withdraw this application against petitioner nos. 2 & 3 namely, Mugal Chaudhary and Vikash Kumar respectively.

Permission is accorded.

This application is dismissed as withdrawn against petitioner nos. 2 & 3 namely, Mugal Chaudhary and Vikash Kumar respectively.

So far as petitioner no.1 namely, Pintu Rajak is concerned, the instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection

Patna High Court CR. MISC. No.32972 of 2022(2) dt.23-11-2022 2/3 with Nawada (Town) P.S. Case no. 819 of 2021 instituted for the offence under Sections 147, 148, 149, 307, 448, 379, 427 of the Indian Penal Code, Section 27 of Arms Act and Section 3/4 of Explosive Substance Act.

It is a case of throwing bomb by co-accused Bullu Chaudhary on the house of informant and assaulted due to which the informant along with his family members sustained injuries.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. Petitioner has no concern with the co-accused persons. It is further submitted that there is no specific allegation of assaulting and throwing bomb against him. There is general and omnibus allegation against the petitioner. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner no.1 namely, Pintu Rajak on bail. The petitioner no.1 is directed to surrender in the Court below within a period of four weeks from today and in the

Patna High Court CR. MISC. No.32972 of 2022(2) dt.23-11-2022 3/3 event of his arrest or surrender in connection with Nawada (Town) P.S. Case no. 819 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T