Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39502 of 2020 Arising Out of PS. Case No.-191 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== RAJAN KUMAR son of Late Vinda Choudhary Resident of VillageKaranpura, P.S.- Ganga Bridge, District- Vaishali. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Sheo Kumar Prasad, Advocate.

For the State :

Mr. Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 24.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner apprehends his arrest in connection with Ganga Bridge P.S. Case No.191 of 2019 registered under Sections 147, 148, 149, 341, 342, 323, 325, 307, 353, 357, 338, 427 and 504 of the Indian Penal Code.

The accusation is that on receiving the secret information about selling the liquor in front of the house of

Patna High Court CR. MISC. No.39502 of 2020(2) dt.19-07-2021 2/3 Chowkidar in Mohalla-Karanpura under Ganga Bridge Police Station, the informant being the Inspector of Excise Department along with Excise Personnel reached there. On seeing them, one person started to flee away. While he was chased but he succeeded to flee away. At that time, the informant saw that beside the door of the house, liquor was kept. Thereafter, the informant informed the Officer Incharge of Ganga Bridge Police Station, who along with other police personnel also reached there after sometime and process of search was started, then Sajan Kumar, wife of Sajan Kumar, Pankaj Chaudhary, their family members and about 100 local people started pelting bricks and stones in which Mahila Constable Khushboo Kumari, and Constable Chandan Kumar also sustained injury, due to which he fell down having become unconscious. Ranjan Kumar, the driver of the Ganga Bridge Police Station, also sustained injury at his mouth. The police vehicle was also damaged.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the petitioner, who has no criminal antecedent, is not named in the F.I.R. and he being the brother of the co-accused Sajan Kumar has falsely been implicated in this case in course of investigation.

Patna High Court CR. MISC. No.39502 of 2020(2) dt.19-07-2021 3/3 Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Ganga Bridge P.S. Case No.191 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T