Rajo Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39914 of 2018 Arising Out of PS.Case No. -44 Year- 2018 Thana -BARHAT District- JAMUI ====================================================== Rajo Das, son of Braj Kishore Das alias Bajuki Das, resident of village - Bishanpur, P.S. Barhat, District Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Barhat P.S. Case No. 44 of 2018 instituted for the offence under Sections 341, 323, 324, 325, 307, 504 and 506/34 of the Indian Penal Code. Counsel for the petitioner submits that occurrence has taken place on account of land dispute. There is case and counter case between the parties in which both sides have sustained injury. The instant case is counter blast of Barhat P.S. Case No. 07 of 2018 filed by co-accused Ruby Devi against the informant, her husband and others. The injury sustained by the person of petitioner's side has been enclosed as Annexure-4.

In the instant case the petitioner assaulted the informant with butt of axe on her left hand causing fracture injury. Case diary has been received.

Patna High Court Cr.Misc. No.39914 of 2018 (3) dt.10-08-2018 2/2 The injury report is available in paragraph-35 of the case diary which shows that none of the injury is on vital part of the body. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Barhat P.S. Case No. 44 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ranjandeo learned Judicial Magistrate 1st Class, Jamui, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

U T