Raja Rajak @ Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56999 of 2019 Arising Out of PS. Case No.-304 Year-2019 Thana- BIHARSHARIF District- Nalanda ====================================================== RAJA RAJAK @ RAJA KUMAR S/o Raj Kapur R/o Mohalla- Vanauliya, P.S.- Bihar, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad For the Opposite Party/s :
Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-09-2019 Heard both sides.
The petitioner apprehends his arrest in Bihar P.S. Case No.304 of 2019 registered under Sections 341, 342, 504, 506, 295, 295A, 323 and 34 of the Indian Penal Code. The informant alleged that on 15.05.2019, the informant and others were offering namaz in Masjid but somebody was blowing loudspeaker. On being forbidden, on the order of Niraj Kumar the petitioner and others started pelting stones causing damage to the Masjid building. The learned counsel for the petitioner submits that story of the occurrence is quite different. Prior to occurrence of the present case, Niraj Kumar @ Dablu lodged Bihar P.S. Case No.303 of 2019 and alleged that accused persons came to his darwaza and assaulted him and many others.
Patna High Court CR. MISC. No.56999 of 2019(2) dt.13-09-2019 2/2 Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that prior to institution of the present case, from the side of the petitioner a case has been lodged disclosing different story that the informant and others had assembled at the house of Niraj Kumar and assaulted him and others, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P.S. Case No.304 of 2019 under District-Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T