Raja Kumar @ Raja Bihari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48753 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Raja Kumar @ Raja Bihari, Son of Ashok Mahto, R/O-Makaspur, P.S.-Cheria Bariarpur, Distt.-Begusarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Maharaj, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2023
1. Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Cheria Bariarpur P.S. Case No.101/2023 registered on 02.05.2023 for the offences punishable under Sections 341, 324, 307, 452, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against three named accused persons including the petitioner to the effect that they entered the house of the informant with the intention to commit theft in the Thakurbari, but on hearing the sound of jumping, the brother of the informant started shouting on which the informant and his mother rushed there. On seeing them, co-accused, Ranjan Singh assaulted the informant with a
Patna High Court CR. MISC. No.48753 of 2023(2) dt.11-08-2023 2/3 sword causing injury near his head.
4. It is submitted by learned counsel for the petitioner that it is true that the name of the petitioner is there in the FIR against three persons, but the specific allegation is against coaccused, Ranjan Singh. He further submits that upon bare reading of the FIR, it transpires that there is a previous land dispute between the informant and co-accused, Ranjan Singh. The name of the petitioner was dragged in this case only due to reason that the petitioner is a friend of co-accused, Ranjan Singh. The informant and the petitioner both are co-villagers and well-known to each other. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the facts and circumstances, let the above-named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of 30000/- (thirty ₹ thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Manjhaul, Begusarai in connection with Cheria Bariarpur P.S. Case No.101/2023,
Patna High Court CR. MISC. No.48753 of 2023(2) dt.11-08-2023 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J) Ashwini/- U T