Jitan Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47482 of 2022 Arising Out of PS. Case No.-268 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Jitan Rajvanshi S/O Late Sonari Rajvanshi @ Sonar Rajvanshi Resident Of Village- Chain Bigha, P.S.- Wazirganj, District- Gaya. 2.

Jairam Rajvanshi @ Jayram Rajwanshi S/O Late Sonari Rajvanshi @ Sonar Rajvanshi Resident Of Village- Chain Bigha, P.S.- Wazirganj, DistrictGaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Jain, Advocate For the Opposite Party/s :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary as well as postmortem report of the deceased.

The petitioner is in custody in a case registered for the offence punishable under Sections 341, 323, 504, 308, 427, 379/34 and 302 of the Indian Penal Code.

Allegedly, it is a case of assault due to which, the husband of the informant succumbed to injury. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner along with other accused persons and no specific

Patna High Court CR. MISC. No.47482 of 2022(3) dt.12-01-2023 2/2 overt-act of assaulting is against the petitioners. There is case and counter case between the parties and petitioners are in judicial custody since 13.01.2022.

Learned APP appearing for the State referring to the case diary has vehemently opposed the prayer for regular bail of the petitioner and submitted that due to injury, the husband of the informant died.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Gaya in connection with Wazirganj P.S. Case No. 268 of 2021. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T