Sipahi Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37521 of 2019 Arising Out of PS. Case No.-62 Year-2019 Thana- RAJPUR District- Buxar ====================================================== 1.

Sipahi Rajbhar Son of Singhasan Rajbhar @ Bansi Rajbhar Resident of Village - Jitpura, P.S.- Rajpur, Dist.- Buxar. 2.

Rang Bahadur Rajbhar Son of Vishwanath Rajbhar Resident of Village - Jitpura, P.S.- Rajpur, Dist.- Buxar.

3.

Sonu Rajbhar Son of Subhash Rajbhar Resident of Village - Jitpura, P.S.- Rajpur, Dist.- Buxar.

4.

Nand Jee Rajbhar Son of Baliram Rajbhar Resident of Village - Jitpura, P.S.- Rajpur, Dist.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application praying for bail in connection with Rajpur P.S. Case No. 62 of 2019 registered for the offence punishable under sections 147,148,149,341,323,307, 427,379,436,337,353 and 504 of the Indian Penal Code.

The allegation as per the FIR is that while the informant, a doctor was on duty in the Health Center at Rajpur, 4 to 5 persons brought a person who had been injured in an accident.

Patna High Court CR. MISC. No.37521 of 2019(2) dt.04-07-2019 2/3 The treatment was started by the informant but seeing the condition of the injured worsen, he was referred to another hospital. However, subsequently, the patient died. Soon thereafter a group of more than 50 persons gathered there and created nuisance. It was the local persons who disclosed the name of the accused persons including the instant petitioners. It is submitted by learned counsel for the petitioners that the allegations are general and omnibus, the petitioners were not present at the place of occurrence, similarly situated persons have been enlarged on bail by order brought on record as Annexure- 2 to the application and that the petitioners are in custody since April, 2019.

The application for bail is opposed by learned APP for the State submitting that there is direct allegation against the petitioners that they along with several others attacked and ransacked the property of the hospital.

Heard learned counsel for the parties. Taking into consideration the nature of allegations, the petitioners being in custody since April 2019 and that similarly situated persons have been granted bail by this Court, the petitioners named above are directed to be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/-(ten thousand) with two

Patna High Court CR. MISC. No.37521 of 2019(2) dt.04-07-2019 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in Rajpur P.S. Case No. 62 of 2019.

(Partha Sarthy, J) Prakash/- U T