Arjun Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59965 of 2024 Arising Out of PS. Case No.-679 Year-2022 Thana- JAMUI District- Jamui ====================================================== Arjun Rajak, son of Ramchandra Rajak village- Harla, PS- Jamui, Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Prasad For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 323, 307, 379, 504 and 506 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 11.12.2022, while he was at his house, when all the named accused persons including the petitioner came variously armed and thereafter, petitioner assaulted the informant's son (Vikash) by an iron rod causing injury on head, thereafter Dayanand assaulted another son (Rakesh) of the informant by an iron rod causing injury and thereafter, Sonu and
Patna High Court CR. MISC. No.59965 of 2024(2) dt.19-09-2024 2/3 Golu assaulted the informant and snatched Rs.10,000/- from him. Further, Reeta and Punam assaulted the wife of the informant by kicks and fists and also snatched a silver chain.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant, who is his step mother. It is also submitted that on account of dispute relating to property, an altercation had taken place, in which both sides assaulted each other and the stepbrother of the petitioner namely Vikash and Rakesh also assaulted in which Jamui P. S. Case No.678 of 2022 dated 11.12.2022 was instituted. It is also submitted that the injury suffered by Vikash is simple in nature and the blow was not repeated, which amply demonstrates that petitioner never had any intention of causing a serious occurrence.
5. Learned A.P.P. opposes the anticipatory bail application and submits that the injury report is not on record.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.59965 of 2024(2) dt.19-09-2024 3/3 satisfaction of the learned C.J.M., Jamui in connection with Jamui P. S. Case No.679 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the injury report of Vikash and in the event, if it is found that Vikash suffered grievous injury on head i.e. vital part of the body, in that event, the present anticipatory bail order shall not be given effect to, but if Vikash suffered simple injury, in that event, the bail bonds of the petitioner shall be accepted forthwith. (Satyavrat Verma, J) vikash/- U T