Sahdeo Rajvanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61 of 2022 Arising Out of PS. Case No.-380 Year-2019 Thana- SIRDALA District- Nawada ====================================================== SAHDEO RAJVANSHI S/o Dahu Rajvanshi Resident of Village/MohalaPirauta, P.S.- Sirdala, District - Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Deo Raj For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned APP for the State.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Sirdala P.S. Case No. 380 of 2019 registered under Sections 147, 148, 149, 302, 326 and 504 of the Indian Penal Code. Earlier prayer for bail was rejected on 09.06.2020. The petitioner has renewed his prayer for bail. The informant's son was ambushed near the river and assaulted by named accused persons, including the petitioner, who were variously armed. Petitioner is stated to be
Patna High Court CR. MISC. No.61 of 2022(3) dt.23-02-2022 2/3 carrying an axe (Kulhari).
Learned counsel for the petitioner submits that similarly situated co-accused Ranjit Rajvanshi who also alleged to have been carrying an axe, has been allowed bail in Cr. Misc. No. 36605/2020. It is submitted that the petitioner has no criminal antecedent and continues to be in custody since 09.09.2019. The order granting bail to co-accused Ranjit Rajvanshi is Annexure-3.
Learned APP has opposed the prayer for bail.
The Court on the ground of parity is inclined to allow the prayer, more so keeping in background the general and omnibus nature of allegations.
Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-IX, Nawada in Sirdala P.S. Case No. 380 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the
Patna High Court CR. MISC. No.61 of 2022(3) dt.23-02-2022 3/3 address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SUMIT/- U T