Jagdish Rajak And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15744 of 2018 Arising Out of PS.Case No. -208 Year- 2017 Thana -DHARHARA DistrictMUNGER =====================================
1. Jagdish Rajak
2. Manoj Rajak Both are Sons of Late Balbir Rajak, R/o Village/MohallaSarobag (Dariapur) Gumti No. 7, P.S.- Dharhara, DistrictMunger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar Singh, Adv. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-04-2018 The petitioners seek bail in anticipation of their arrest in connection with Dharhara P.S. Case No. 208 of 2017, dated 09.11.2017, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation in the First Information Report is that one Ranveer Yadav @ Rana Yadav along with his
Patna High Court Cr.Misc. No.15744 of 2018 (2) dt.05-04-2018 2/3 associates including the petitioners came to the flour-mill of the informant and surrounded him. It has, thereafter, been alleged that co-accused/Ranveer Yadav @ Rana Yadav assaulted him by means of the butt of the pistol which he was carrying in his hand and, thereafter, the others also, on the exhortation of aforesaid Ranveer Yadav @ Rana Yadav, assaulted him. The informant, thereafter, ran for saving his life and entered his house. The miscreants chased him and assaulted the uncle of the informant as well, leading to injuries on his person.
Learned counsel appearing for the petitioners has submitted that the allegations against the petitioners are of a general and omnibus nature, whereas the specific allegation of assault has been leveled against co-accused/Ranveer Yadav @ Rana Yadav. He has further submitted that the injury reports of the informant and his uncle would show that they have not been assaulted by many persons, but by one of the accused persons. No grievous injury is said to have been found on their person. It has also been submitted that the cause of occurrence as stated in the First Information Report, itself discloses that the bone of contention between the parties was for a different cause, viz. the dispute over construction of a rooftop.
There is a counter version of the occurrence as
Patna High Court Cr.Misc. No.15744 of 2018 (2) dt.05-04-2018 3/3 well.
Considering the aforesaid facts, this Court is inclined to grant anticipatory bail to the petitioners. Let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Munger, in connection with Dharhara P.S. Case No. 208 of 2017.
(Ashutosh Kumar, J) Praveen-II/- U T