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Patna High CourtCR. MISC./52724/2021bail granted

Ghantu Rajak @ Ghanshyam Rajak v. The State Of Bihar

2022-04-29Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52724 of 2021 Arising Out of PS. Case No.-87 Year-2017 Thana- JAGDISHPUR District- Bhagalpur ====================================================== GHANTU RAJAK @ GHANSHYAM RAJAK S/o LATE MOTI RAJAK R/o VILLAGE-BARHARI, P.O-BADLUCHAK, P.S-GORADIH, DISTRICTBHAGALPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sessions Trial No. 323/2020 arising out of Jagdishpur (Goradih) P.S. Case No. 87/2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 332, 353, 324, 325, 307 and 504 of the Indian Penal Code 1860.

The allegation, as per the First Information Report, is that the Police arrived at the house of co-accused Tainger Rajak in order to harass him on the basis of warrant

Patna High Court CR. MISC. No.52724 of 2021(2) dt.29-04-2022 2/3 of arrest. The petitioner and other accused persons attacked the Police Party and got the Tainger Rajak freed from the Police custody.

Learned counsel for the petitioner submits that the petitioner is brother of co-accused Tainger Rajak and from perusal of the First Information Report it would be evident that the allegation against the petitioner is general and omnibus in nature along with other accused persons. He further submits that co-accused Puran Rajak and Tainger Rajak have already been granted bail by co-ordinate Benches of this Court in Cr. Misc. 59099 of 2018 and 43927 of 2019 respectively. The petitioner is in custody since 9.7.2020, charges have already been framed and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that petitioner is in custody since 9.7.2020, charges have already been framed and similarly situated coaccused persons have been granted bail by co-ordinate Benches of this Court, I am inclined to grant regular bail to

Patna High Court CR. MISC. No.52724 of 2021(2) dt.29-04-2022 3/3 the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Bhagalpur, in connection with Sessions Trial No. 323/2020 arising out of Jagdishpur (Goradih) P.S. Case No. 87 of 2017.

(Anil Kumar Sinha, J) S.Ali/- U T