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Patna High CourtCR. MISC./42301/2022allowed

Raja Kumar @ Raja Singh v. The State Of Bihar

2022-11-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42301 of 2022 Arising Out of PS. Case No.-352 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== RAJA KUMAR @ RAJA SINGH Son of Rakesh Singh @ Rakesh Kumar Resident of Village - Rasalpur, P.S.- Muffasil, Distt.- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 332, 333, 337, 353, 307, 427 and 504 of the Indian Penal Code Section 27 of the Arms Act.

According to the F.I.R., it is transpired that the petitioner along with other co-accused persons belongs to the village Rasalpur and Lakhanpur. Both villages were armed with the lathi, danda, rod, fatta etc. assaulting on each other and both the villages were throwing the stones and firing and it was very difficult for the police

Patna High Court CR. MISC. No.42301 of 2022(2) dt.28-11-2022 2/2 force to control the situation. It is alleged that some of the villagers were tried to snatch the rifle of the police personnel. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner was not present at the alleged place of occurrence. He submits that that petitioner has got four criminal antecedents as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the act that there is general and omnibus allegation against the petitioner, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) 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 Muffasil (Gaya) P.S. Case No. 352 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T