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Patna High CourtCR. MISC./68612/2022allowed

Bharat Rajak v. The State Of Bihar

2023-05-01Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68612 of 2022 Arising Out of PS. Case No.-10 Year-2021 Thana- SAUR BAZAR District- Saharsa ====================================================== Bharat Rajak Son Of Late Narayan Rajak R/V- Uaonti Navtoliya, Panchayat Golma Purvi, Ward No. 15, P.S.- Sour Bazar (Patarghat O.P.), DistrictSaharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 504, 506, 307 and 302 of the Indian Penal Code.

The allegation against the petitioner along with others are of brutally assaulting the father of the informant due to which, he succumbed to injury. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in

Patna High Court CR. MISC. No.68612 of 2022(3) dt.01-05-2023 2/3 this case. There is general and omnibus allegation against the petitioner and in the background of some land dispute, the petitioner has been roped in the present case. The deceased was very old man due to heart attack, he died. From the perusal of the postmortem report, it appears that cause of death is not ascertain by the doctor. The petitioner languishing in judicial custody since 22.06.2022.

The application for bail is opposed by learned APP for the State and submitted that petitioner is named in the FIR, and he assaulted the deceased along with other accused persons due to which, he succumbed to injury.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each

Patna High Court CR. MISC. No.68612 of 2022(3) dt.01-05-2023 3/3 to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saur Bazar (Patarghat O.P.) P.S. Case No. 10 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T