Tajwa @ Raja Kumar @ Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67273 of 2022 Arising Out of PS. Case No.-180 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== TAJWA @ RAJA KUMAR @ AKASH KUMAR Son of Manoj Kalal @ Manoj Kumar R/v- Mahadipur, Post- Bara Banipur, P.S.- Kurtha DistrictArwal and at present residding at Tehta Bazar, P.S.- Makhdumpur, Tehta OP, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niraj Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code and Section 27 of Arms Act. Allegedly, petitioner along with other accused persons abused the informant and tried to stop the work regarding land. On objection, they started firing.

It is submitted by learned counsel for the petitioner that he is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Specific allegation of assault has been

Patna High Court CR. MISC. No.67273 of 2022(2) dt.19-01-2023 2/2 levelled against co-accused Sudhir Yadav. There is admitted land dispute between informant and Sudhir Yadav and the petitioner has no concern with the same. Similarly situated coaccused, namely, Sudhir Yadav has been enlarged on bail by a co-ordinate bench of this court vide order dated 02.01.2023 passed in Cr. Misc. No. 56505 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is specific allegation against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Makhdumpur (Tehta OP) P.S. Case No. 180 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T