Rajesh Kumar @ Rajesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 512 of 2018 Arising Out of PS.Case No. -67 Year- 2017 Thana -CHIKSAUR District- NALANDA (BIHARSHARIFF) ====================================================== Rajesh Kumar @ Rajesh Prasad S/o Chandra Ghosh Prasad, R/o VillageJamuara Dih, P.S.- Chiksaura, Distt.- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Birendra Kumar, Advocate For the S t a t e : Mr Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 341, 323, 504, 307, 379, 506/34 of Indian Penal Code. The informant, who is the own brother of the petitioner, has leveled allegations of assault on him and his wife. Counsel for the petitioner submits that the first information report would show that scuffle had ensued in relation to dispute regarding possession of the residential premises where the petitioner, his father and informant are all residents. He submits that the issue has been settled outside the Court as harmony has been restored within the family. In respect of the said submission, he relies on Annexure 4. He further submits that the injuries said

Patna High Court Cr.Misc. No.512 of 2018 (2) dt.10-01-2018 2/3 to have been sustained to the informant and his wife are simple in nature caused by hard and blunt substance as has been reported in the injury report. Other than the instant case, the petitioner has also been made an accused in another case lodged by the wife of the informant due to similar reasons. Petitioner is in custody in connection with the instant case since 08.09.2017. His father and mother, who were also co-accused, have already been granted bail by the Court below.

Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa, Nalanda in Chiksaura Police Station Case No 67 of 2017 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail

Patna High Court Cr.Misc. No.512 of 2018 (2) dt.10-01-2018 3/3 will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T