Rajhans Das @ Braj Kishore Rajhans v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62456 of 2021 Arising Out of PS. Case No.-135 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== RAJHANS DAS @ BRAJ KISHORE RAJHANS Son of Late Sundar Lal Das Resident of Village- Belarahi, P.S.- Jhanjharpur, District- Madhubani (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Govind Kumar Jha, Advocate For the Opposite Party/s :
Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offences under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 30.07.2021, charge-sheet has been submitted in the case and has antecedent of three cases. Learned counsel for the petitioner submits that the informant alleges that he along with his wife went to the house of Madan Jha (tenant) for seeking his rent due for the last four years but instead of giving rent, the tenant and his family members abused and assaulted the informant. It is further alleged that wife of Madan Jha threw chili powder on the body
Patna High Court CR. MISC. No.62456 of 2021(2) dt.24-03-2022 2/3 of the informant and Madan Jha assaulted with bear bottle on his head, further son of Madan Jha gave knife blow on left ear of the informant causing injury and his daughter assaulted the brother of the informant with knife and the petitioner and Arti, another daughter of Madan Jha, assaulted wife of informant by knife and iron rod over head causing injury.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case for the reason that he sided with Madan Jha in the occurrence. Learned counsel further submits that he is neighbour of Madan Jha and is not related in any manner whatsoever with him. Learned counsel submits that it absolutely does not stand to reason that as to why the petitioner who has no concern either with Madan Jha or with informant would have indulged in occurrence merely because he sided with Madan Jha when the informant was demanding his rent.
Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and taking into consideration the submissions made by the learned counsel for the petitioner, let the petitioner above named be released on bail
Patna High Court CR. MISC. No.62456 of 2021(2) dt.24-03-2022 3/3 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction in connection with Jhanjharpur P.S. Case No. 135 of 2021 with a condition that one of the bailors of the petitioner shall be his father-in-law Parmanand Kanth.
(Satyavrat Verma, J) Rishi/- U T