Bikash Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35144 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== 1.
BIKASH RAJAK SON OF BIRENDRA RAJAK RESIDENT OF VILLAGE- SAITHNA, PS- HALSI, DISTT- LAKHISARAI 2.
SURENDRA RAJAK SON OF GENAURI RAJAK RESIDENT OF VILLAGE- SAITHNA, PS- HALSI, DISTT- LAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mayank Bilochan, Adv.
For the Opposite Party/s :
Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard the parties.
2. Petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 324, 307, 354, 379, 504 of the IPC, 27 of the Arms Act.
3. As per the prosecution case, the petitioners assaulted with iron rod and khanti upon the head of the informant's husband. Then, co-accused assaulted the informant.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. For the alleged occurrence, there is case
Patna High Court CR. MISC. No.35144 of 2023(2) dt.27-07-2023 2/2 and counter-case between the parties and both sides have sustained injuries, which are simple in nature as per Annexure3. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Halsi P.S. Case No.16 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T