Raju Singh @ Raju Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57725 of 2015 Arising Out of PS.Case No. -322 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Raju Singh @ Raju Kharwar Son of Kanhaiya Kharwar, resident of village & P.O. & P.S.- Mohania, District- Kaimur at Bhabhua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Kislay For the Opposite Party/s : Mr. Dashrath Mehta(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Mohania P. S. Case No. 322 of 2015 registered for offences punishable under Sections 341, 323, 504, 506, 353,34 of the Indian Penal Code.

As per the prosecution case, allegation is that on 22.08.2015 accused Vinay Kumar abused and assaulted Sri Rajesh Kumar Singh, Lecturer at the gate of Vanijya College, as he was expelled from B.A. Part-1 Examination by Sri Rajesh Kumar Singh, Lecturer. It is further alleged that on 26.08.2015 at 5:00 P.M., this petitioner and four other accused persons abused and assaulted Sri Brajendra Kumar Singh, Lecturer as also threatened to kill him. Due to the present occurrence, atmosphere of fear

Patna High Court Cr.Misc. No.57725 of 2015 (2) dt.13-01-2016 2/2 exists in the college and it has become difficult to conduct fair examination.

Learned counsel for the petitioner submits that petitioner has no concern with the aforesaid examination or the college and has been falsely implicated in the preset case. It has further been submitted that Lecturer Brajendra Kumar Singh, who had complained, on the basis of which the formal First Information Report has been drawn, has not even named the petitioner. Furthermore, it has been submitted by the counsel for the petitioner that petitioner has no criminal antecedent, as is evident from paragraph 3 of this petition.

Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. Case No. 322 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Nilu Agrawal, J.) Arjun/- U T