Nakul Rajak And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19070 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -RAJAUN District- BANKA ======================================================
1. Nakul Rajak Son of Bagri Rajak
2. Shankar Rajak
3. Sunil Rajak
4. Suraj Rajak All sons of Nakul Rajak
5. Chakradhar Rajak @ Chakravorti Rajak S/o Nakul Rajak
6. Fakul @ Fakun Rajak Son of Late Bagri Rajak
7. Bipin Rajak @ Bipin Kumar Rajak Son of Fakul Rajak @ Fakun Rajak All are resident of Jaggarnathpur, P.S. Rajoun, District-Banka .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Rajoun P.S. Case No. 144 of 2016/ G.R. No. 1219 of 2016 for the offences punishable under sections 341, 323, 307, 379 and 504/34 of the I.P.C. Allegedly, the petitioners started assaulting the informant and his Bhagina Pradeep Sah with Khanti and lathi and injured the informant and others. The petitioner Nakul Rajak came to the shop of the informant to take articles on credit which was
Patna High Court Cr.Misc. No.19070 of 2017 (3) dt.01-07-2017 2/3 refused and then the occurrence has been caused. Further, it is alleged that the amount of Rs. 2000/- was snatched, two mobiles were also taken away by the accused. All the accused persons are abusing and causing threats.
Submission is of false implication and that there is case and counter case, as a matter of fact Nakul Rajak has demanded price of paddy and then the informant and others abused and further assaulted them and snatched Rs. 700/- , on the statement of Nakul Rajak Rajoun P.S. Case No. 145 of 2016 has been registered under sections 307, 379 and other allied sections of the I.P.C. and section 3 (1) (X) of the SC/ST Act, this case is totally false and fabricated one only with a view to counter that case, the injured did not go for treatment to Jawaharlal Nehru Medical College and Hospital and there is no injury report. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.
In the facts and circumstances as stated above, considering that this case is counter blast of Rajoun P.S. Case No. 145 of 2016 and as there is no injury report and as such the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Patna High Court Cr.Misc. No.19070 of 2017 (3) dt.01-07-2017 3/3 thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Banka in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T