Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40159 of 2020 Arising Out of PS. Case No.-120 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== SAROJ KUMAR, Son of Teja Ray Resident of Village - Bishunpur Sad Urf Bakarpur, P.S.- Rajapakar, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-06-2021 Heard Mr. Binod Kumar, learned counsel for the petitioner and Mr. Parmanand Kumar, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Rajapakar P. S. Case No. 120 of 2019, instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. At the time when Panchayati was taking place at the house of the informant between Munil Kumar and Sanjeet Kumar, Sanjeet Kumar became aggressive but was made to calm down. Later, aforesaid Sanjeet Kumar

Patna High Court CR. MISC. No.40159 of 2020(2) dt.10-06-2021 2/3 along with his associates, including the petitioner, came to the house of the informant and indulged in assault. Though the petitioner has been named in the F.I.R. but there is no specific accusation against him. There is a counter version of the occurrence also which appears to have been lodged prior to the subject F.I.R. by one of the co-accused persons namely, Tapeshwar Ray. In the aforesaid F.I.R. there is a reference of the petitioner also having received injuries at the hands of the informant and others of the present case. The factum of injury on the accused persons has not been explained in the subject F.I.R., making the accusation in the subject F.I.R. to be highly suspect.

The petitioner does not have criminal antecedents.

Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date

Patna High Court CR. MISC. No.40159 of 2020(2) dt.10-06-2021 3/3 of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. - III, Vaishali at Hajipur, in connection with Rajapakar P. S. Case No. 120 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T