Rajeev Lal Gurda @ Rajeev Gurda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55682 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- VISHNUPAD District- Gaya ====================================================== 1.
Rajeev Lal Gurda @ Rajeev Gurda S/o Narasingh Lal Gurda @ Nand Lal Gurda R/o Mohalla - Suryakund Vishnupad, P.S. - Vishnupad, Distt. - Gaya 2.
Raj Gurda @ Jeet Kumar Gurda @ Jeet Gurda S/o Narayan Lal Gurda R/o Mohalla - Suryakund Vishnupad, P.S. - Vishnupad, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Adv.
For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-10-2024 Heard Learned Counsel for the petitioners and Learned A.P.P. for the State.
2. The petitioners are apprehending arrest in connection with Vishnupad P.S. Case No. 01 of 2024, registered on 01.01.2024, for the offences punishable under Sections 341, 323, 325, 308, 379, 504 and 34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against eight named accused persons including the petitioners and their family members against whom there is allegation that they have attacked on the informant with lathi, rod due to which several injuries had been caused to the informant.
4. Learned Counsel for the petitioners submits that the
Patna High Court CR. MISC. No.55682 of 2024(3) dt.04-10-2024 2/3 petitioners are innocent and have committed no offence. Counsel submits that they are resident of Gaya and with a view to entertain the yajman the dispute arisen between two pandas. Counsel submits that the other co-accused has already been granted bail by this Court vide order dated 21.08.2024 passed in Cr. Misc. No. 51435 of 2024. Counsel submits that the antecedent of the petitioners are clean and they are ready to fulfill all the conditions whatsoever shall be imposed. Counsel further submits that the injury report is annexed as AnnexureP/2 in which certain injuries are simple in nature and certain injuries are said to be grievous caused by hard and blunt substance. Counsel also submits that the antecedent of the petitioners are clean.
5. Learned A.P.P. for the State opposes the prayer for bail.
6. Learned Counsel for the informant vehemently opposes the prayer for bail and submits that there is specific allegation against the petitioners that they all attacked upon the informant with a view to kill.
7. It transpires to this Court that the entire event has been recorded in the C.C.T.V. from which it is clear that scuffling took place from both the sides as indicated in the
Patna High Court CR. MISC. No.55682 of 2024(3) dt.04-10-2024 3/3 earlier order passed in Cr. Misc. No. 51435 of 2024.
8. In the present 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 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Vishnupad P.S. Case No. 01 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J.) Aman Kumar/- U T