Sujit Rajak @ Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37606 of 2020 Arising Out of PS. Case No.-200 Year-2020 Thana- BIHPUR District- Bhagalpur ====================================================== Sujit Rajak @ Sujit Kumar (Male), aged about 19 years, S/O Umesh Rajak, Resident Of Village- Bhawanipur, P.S Bhawanipur, District-Bhagalpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Praveen Kumar, Advocate.
For the Opposite Party :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-06-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 324, 307 and 506/34 of the I.P.C.
The prosecution story, in brief, is that on 07.06.2020 at about 6.00 P.M., the informant had an altercation for construction of house on his land with Karu Razak, Sujit Razak (petitioner) and Umesh Razak. Since last one week, he was asking the aforesaid persons to remove the Tatia fixed on his land but they did not pay any heed due to their criminal and
Patna High Court CR. MISC. No.37606 of 2020(2) dt.30-06-2021 2/3 dominating approach. Thereafter, the informant tried to remove the Tatia and Bamboo fixed on his land and for that all the aforesaid persons having rod, Lathi, Katchia and sharp edged weapon attacked on him and his mother Binda Devi due to which the informant received head injury and fell unconscious due to bleeding and his mother also became injured. The aforesaid persons always give threatening that if the case would be lodged they will kill him.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is case and counter case between the parties. Free fight is said to have taken place between the parties. Nature of injury is said to be simple.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned A.C.J.M. Ist,
Patna High Court CR. MISC. No.37606 of 2020(2) dt.30-06-2021 3/3 Naugachia, Bhagalpur, in connection with Bihpur (Bhawanipur) P.S. Case No. 200 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) U.K./- U T