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Patna High CourtCR. MISC./3127/2016bail granted

Ajay Rajak @ Ajay Kumar Bharti v. The State Of Bihar

2016-01-20Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3127 of 2016 Arising Out of PS.Case No. -337 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Ajay Rajak @ Ajay Kumar Bharti Son of Sri Bishundeo Rajak, Resident of village- Bishnupur Asthal, West of Naulaka Mandir, Ward No. 40, P.S.- Town, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-01-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 504, 379, 386 of the Indian Penal Code.

The prosecution case is that the accused persons including the petitioner came variously armed, when the petitioner and other 05-15 persons caught hold the informant by putting pistol on the temporal region and on the order of Ashok Singh other accused persons took away 25 bags of cement kept on the construction site and Ajay

Patna High Court Cr.Misc. No.3127 of 2016 (2) dt.20-01-2016 Rajak snatched Rs.50,000/- from the informant. It is submitted by the learned counsel for the petitioner that the father of the petitioner was two brothers. Other brother was issueless. Petitioner purchased certain lands from the uncle of the informant, when the informant started interfering with the possession and is making construction which was protesting by the petitioner and petitioner filed petition on 28.08.2015 before the Lakho O.P. and when the police of Lakho O.P. could not take action the petitioner on 29.08.2015 went to S.P. Begusarai and filed petition then Lakho O.P. after enquiry recommended for imitating a proceeding under Section 144, 107 Cr.P.C. and asked the informant to stop construction work. For the occurrence of 31.08.2015 at 10 A.M.

the First Information Report was registered on 01.09.2015 at 11 A.M. The Petitioner is an Ayurvedic Doctor and posted at Hanuman Nagar Paharpur, Baliya, District of Begusarai and it is stated that on the alleged date of occurrence the petitioner was present in the clinic. Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. Case No.

Patna High Court Cr.Misc. No.3127 of 2016 (2) dt.20-01-2016 337 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T