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Patna High CourtCR. APP (SJ)/4454/2019bail granted

Rajeev Singh @ Rajeev Kumar v. The State Of Bihar

2019-11-29Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4454 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- BHADAUR District- Patna ====================================================== RAJEEV SINGH @ RAJEEV KUMAR, aged about 28 years, Male, Son of Sri Arun Singh Resident of Village- Baruane, P.S.- Bhadaur, District- Patna. ... ... Appellant

Versus

The State of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Parmod Kumar For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-11-2019 Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

The appellant is seeking anticipatory bail in connection with Bhadaur P.S. Case No. 46/2019 registered under Sections 341, 323, 504, 406/34 of the Indian Penal Code and 3(i) (r)(s) of SC/ST Act in Special Case No. 317/2019. Learned counsel for the appellant submits that there is general and omnibus allegation against the appellant and there is no allegation of assault against the appellant and there seems to be some dispute over contesting the election. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the appellant.

Considering the facts and circumstances of the case wherein it appears from the materials available on the record

Patna High Court CR. APP (SJ) No.4454 of 2019(3) dt.29-11-2019 2/3 that there is general and vague allegation against the appellant that while the informant was sitting at a shop the appellant arrived there with four persons, abused him and threatened him to kill but there is no allegation of assault against the petitioner and there seems to be some dispute over contesting the election, the impugned order is hereby set-aside and in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named appellant be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge SC/ST Act - cum - Additional Sessions Judge - XX, Patna in connection with Bhadaur P.S. Case No. 46/2019 in Special Cae No. 317/2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police

Patna High Court CR. APP (SJ) No.4454 of 2019(3) dt.29-11-2019 3/3 officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T