Umesh Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73122 of 2022 Arising Out of PS. Case No.-10 Year-2021 Thana- SAUR BAZAR District- Saharsa ====================================================== 1.

UMESH RAJAK S/o Late Narayan Rajak R/o Village- Uaonti Navtoliya, Panchayat Golma Purvi, Ward no. 15, P.S.- Sour Bazar (Patarghat O.P), Distt- Saharsa.

2.

Gurudeo Rajak S/o Late Narayan Rajak R/o Village- Uaonti Navtoliya, Panchayat Golma Purvi, Ward no. 15, P.S.- Sour Bazar (Patarghat O.P), Distt- Saharsa.

3.

Bimlesh Rajak @ Bimlesh Kumar Rajak S/o Umesh Rajak R/o VillageUaonti Navtoliya, Panchayat Golma Purvi, Ward no. 15, P.S.- Sour Bazar (Patarghat O.P), Distt- Saharsa.

... ... 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.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have 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.

Patna High Court CR. MISC. No.73122 of 2022(3) dt.19-04-2023 2/3 The allegation against the petitioners 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 petitioners that petitioners have been falsely implicated in this case. They have committed no offence. In the background of the alleged occurrence, there was land dispute between the parties. He submitted that there is general and omnibus allegation and no specific overt act against the petitioners. 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. They are languishing in judicial custody since 22.06.2022.

The application for bail is opposed by learned APP for the State and submitted that petitioners are named in the FIR, they assaulted to the deceased 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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two

Patna High Court CR. MISC. No.73122 of 2022(3) dt.19-04-2023 3/3 sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Saur Bazar (Patarghat O.P.) P.S. Case No. 10 of 2021.

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