Rajesh Dass @ Rajesh Kumar Dass @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53837 of 2019 Arising Out of PS. Case No.-67 Year-2018 Thana- HASANPUR DistrictSamastipur ====================================================== RAJESH DASS @ RAJESH KUMAR DASS @ RAJESH KUMAR, aged about 21 years, male, S/o Yogendra Das Resident of Village- Patepur, Sasan, P.S.- Hasanpur, District- Samastipur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhimanyu Sharma, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 325, 379 and 307 of the Indian Penal Code registered in connection with Hasanpur P.S. Case No. 67 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. has been lodged against as many as 15 persons and there is land dispute between the parties. The specific accusation of assault by the petitioner with iron rod on the left hand of the informant but after due investigation, the police has exonerated the petitioner, differing with which cognizance has been taken. It is submitted that in any event there is no material to indicate grievous injury to the informant by reason of assault attributed to the petitioner who claims clean antecedents.

4. Be that as it may, in the event of the petitioner's

Patna High Court CR. MISC. No.53837 of 2019(2) dt.27-08-2019 2/2 arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera at Samastipur in connection with Hasanpur P.S. Case No. 67 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T