Manoj Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66065 of 2021 Arising Out of PS. Case No.-159 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.

MANOJ RAJAK Son of Laxman Rajak Resident of Village - Sukhasan Ward no.6, P.S.- Singheshwar, Distt.- Madhepura. 2.

Rajesh Rajak Son of Laxman Rajak Resident of Village - Sukhasan Ward no.6, P.S.- Singheshwar, Distt.- Madhepura.

3.

Ravi Rajak Son of Laxman Rajak Resident of Village - Sukhasan Ward no.6, P.S.- Singheshwar, Distt.- Madhepura.

4.

Laxman Rajak Son of Late Latamu Rajak Resident of Village - Sukhasan Ward no.6, P.S.- Singheshwar, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2022 Heard learned counsel for the petitioners and the State.

Petitioners seek regular bail in a case registered for the offence punishable under Section 307 and some other allied Sections of the Indian Penal Code.

As per the prosecution case, on 29.06.2021 while the informant was sweeping in her courtyard, all the FIR named accused persons, including these petitioners, armed with deadly weapon abused her and on protest all of them assaulted her. When her husband came to save he was also assaulted by iron rod. Four persons, Deepak Kumar, Krishna Kumar, Amardeep

Patna High Court CR. MISC. No.66065 of 2021(4) dt.25-04-2022 2/2 Kumar and Rekha Devi, informant, sustained injuries in the occurrence.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is submitted that occurrence took place due to land dispute in which both sides sustained injuries. There is case and counter case. There is delay of six days in lodging the FIR without any explanation. Petitioner No.1 is in custody since 06.07.2021 and petitioners No.2 to 4 are in custody since 09.09.2021. Investigation in this case is complete Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case, the period of custody of the petitioners and the backdrop in which the occurrence took place, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Singheshwar PS case No.159/2021. (Prabhat Kumar Singh, J) BKS/- U T