Rajjak @ Md. Rajjak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4332 of 2021 Arising Out of PS. Case No.-257 Year-2020 Thana- PALASI District- Araria ====================================================== RAJJAK @ Md. RAJJAK Son of Late Nazir Resident of Village - Shyampur, P.S.- Palasi, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2021 Heard both parties.

The petitioner seeks bail in Palasi P.S. Case No. 257 of 2020, registered for the offence punishable under Sections 341, 323, 324, 307, 379, 354B, 504 and 34 of the Indian Penal Code.

As per the prosecution case, petitioner is alleged to have inflicted Farsa blow on the head of informant's father. It is submitted on behalf of the petitioner that there is case and counter case. Both sides sustained injury. Injury alleged to be caused by this petitioner found to be simple in nature. Moreover, FIR has been lodged after delay of thirteen days without any plausible explanation. Petitioner is in custody since 06.10.2020 having clean antecedent, as stated in para 3 of the petition. Chargesheet has already been submitted.

Patna High Court CR. MISC. No.4332 of 2021(2) dt.19-03-2021 2/2 Considering the facts and circumstances of the case and the fact that there is case and counter case and injury caused by this petitioner found to be simple in nature, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1, Araria in connection with Palasi P.S. Case No. 257 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T